关键词: 教育法治建设, 法典化, 教育法, 教育法典编纂, 理性主义

Abstract:

Codification is an important measure for the construction of the socialist law with Chinese characteristics. As an organic part of the socialist legal system with Chinese characteristics, the codification of education law inevitably pursues creating a charter for educational development, highlighting national features, promoting the spirit of education law with Chinese characteristics, and ultimately forming the Chinese qualities of education code. However, there is still a gap between ideals and reality. Although the codification of education law in China has a certain foundation, there are still a series of highly challenging dilemmas, including a lack of mature construction of education legal system, the controversial status of education law, the imbalanced development of educational legal construction practice, the uncertainty of the factors for the reform and development of education, and the deficiencies of developing meta-theories of educational law. To address these issues, the compilation of the educational code must balance the relationship between ideals and reality and implement “rationalist thinking”. We should not only lay an ideological foundation from pragmatic and problem-oriented perspectives, and the perspective of cultivating a benign development ecology, but also consolidate a theoretical foundation supported by highly mature academic research and an inclusive public opinion orientation. The article advocates to implement the strategy of “transitional codification”, to improve the synergy of legislature and academic forces, to steer toward future directions through the structure of the code and legislative techniques, and to reinforce the implementation of the codification of educational code.

Key words: construction of education law, codification, education law, codification of education law, rationalism