Abstract:

In the new era of codification, education legislation should take the right to education as the core to formulate education legal system and institution. Right to education is the core concept of education code. Realization of right to education should be regarded as the basic principle and guideline of educational legislation, which reflects the human-based value. The essential content of education code is formulation of norms and guarantees of right to education, which combines an internally logical and self-consistent system with five subject aspects, respectively, in national guarantee, institutional establishment, student development, teaching quality and social support. To the purpose of promoting right to education to meet the need of social development, making education code should also keep moderate openness and prospectiveness, which not only consolidates the existing educational system, but also reserves legislative channel for new systems of right to education protection.

Key words: right to education, education code, educational legislation, core concept, codification