Expediency or Rights Expansion:Childcare Services in Preschool Education Legislation
In 2023,China has resumed legislation on preschool education and has published the draft of the Preschool Education Law,in which preschool education and childcare services are explicitly separated from each other by legal provisions.However,since its decline at the end of the 20th century,childcare services,though with laws within its scope to follow,have to some ex-tent been dependent on preschool education legislation for development space and legal support,especially in local legislation,which has shown a variety of legislative models.Although the legislative technique of incorporating childcare services into the preschool education system in some local legislations should be recognized for its necessity and rationality in a specific historical stage,as a stopgap measure to fill the legislative gap,this legislative technique has been exposed to many practical problems such as limited coverage,the risk of"over-learning",and low level of protection.Therefore,it is important for us to recognize that childcare services have been incorporated into the pre-school education system in some local legislations.In view of this,special legislation on childcare services is imperative,and the fundamental implementation path is to start from the perspective of fundamental rights protection,recognizing that the right to childcare services is a fundamental right distinct from the right to edu-cation,clarifying the connotations of the right,and concretizing the corresponding obligations of the State.
childcare servicespreschool educationPreschool Education Law(Draft)Childcare Services Lawacquisition of childcare services rights
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维普
