Journal of East China Normal University(Educational Sciences) ›› 2022, Vol. 40 ›› Issue (5): 130-142.doi: 10.16382/j.cnki.1000-5560.2022.05.013

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The Enlightenment of Foreign Civil Codes to the Codification of Education Code of China: Taking the Four Modern Civil Codes as the Research Center

Sijie Wang   

  1. Tan Kah Kee College, Xiamen University, Xiamen Fujian 363105 China
  • Online:2022-05-01 Published:2022-04-27

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