On Several Issues Concerning the Moderate Codification of Education Law in China

Abstract

The compilation of the education code is a key task for many countries to promote the revitalization of education, and it is also an inevitable trend of education development. Determining the path, choosing the compilation model, designing the structural framework, and technical positioning are the key issues in realizing the compilation of the education code. In terms of the path, it is recommended to adopt the "two-step" approach of drafting the general provisions first and then compiling the specific provisions. In terms of the selection of the compilation model, it is recommended to adopt the idea of "moderate compilation" to balance the characteristics of my country's existing legal system in the field of education. Under the framework of "general provisions + specific provisions", the general provisions should be structurally arranged around the right to education, and the specific provisions should be logically arranged according to the type of education. In terms of structural framework and reconstruction, a system that meets the unique system logic requirements should be considered to achieve the scientific nature of the education code. The "common element extraction method" should be selectively used to summarize and generalize legal norms.