关键词: 教育法典, 体系化, 内在逻辑, 《德国民法典》, 民族性

Abstract:

Codification needs the systematization, which is based on the internal logic of the code. The Civil Code of France took “a free man and his property” as the logic, and the BGB took the standardized right system as the narrative. The education code of China should combine these two logics and focus on the realization of the educated persons and their educational rights. With its abstract and rigorous conceptual system and general principles, the BGB maintained the balance between the stability and openness of the code, and the Swiss Civil Code did it with its open legal source as a lever. In addition, the BGB and the Japanese Civil Code used their own historical resources to bring the nationality into the normative system of the code. The above four famous modern civil codes can provide valuable enlightenment to the codification of the education code of China. An education code with internal logic, highlighting national values, stability and openness will realize the self-transcendence of China’s education law, so as to promote the civilization and progress of the Chinese nation.

Key words: education code, systematization, internal logic, BGB, nationality