Institutional Logic and Implementation Path of Vocational Education Law in a Typological Perspective - Jurisprudential Reconstruction, Based on Legal Order and Institutional Harmonisation

Abstract

Taking the typological perspective as an entry point, we systematically deconstruct the institutional logic and implementation path of China's vocational education law. Through the empirical analysis of judicial data from 2011 to 2021, it reveals the "marginalisation" of vocational education law, which has a judicial application rate of only 3.6%, and points out that there are structural contradictions in the existing law such as a weak constitutional foundation, imbalance of power and responsibility of enterprises, and defalcation of the integration of industry and education. The theoretical framework of "typological legal power structure" is proposed to reconstruct the "dual-track" legal system of vocational education law and general education law, and to establish the priority status of its special law in the Labour Law and the Industrial Law. On the basis of the legislative experience of Germany, Switzerland and other countries, we have constructed a "government-market-school" triad of rights and obligations, and innovatively proposed a "provincial co-ordination fund", It has innovatively put forward such institutional designs as the "provincial co-ordination fund" and the "dual-principal responsibility system".    The study found that there is a 63% scissor gap between enterprises' participation in vocational education in terms of tax incentives and responsibility, and that the acceptance line of the vocational education college entrance examination is 37% lower than that of the general college entrance examination, so it is necessary to coordinate the system through innovative paths, such as the constitutional interpretation of strengthening the obligations of enterprises and the establishment of a mechanism for arbitration in vocational education. The study provides theoretical breakthroughs and practical solutions for vocational education under the rule of law.