Journal of East China Normal University(Educational Sciences) ›› 2024, Vol. 42 ›› Issue (5): 112-126.doi: 10.16382/j.cnki.1000-5560.2024.05.007

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The Systemization of “Educational Legal Subject” in the Context of the Education Code

Haitao Ren, Zhongyuan Kong   

  1. School of Law, East China Normal University, Shanghai 200241, China
  • Accepted:2024-03-11 Online:2024-05-01 Published:2024-04-12

Abstract:

The systematization pursued by the Educational Code should be composed of an external system that reflects the normative order and an internal system that practices the value concept. The existing subject system of educational law adopts a list structure, which has the defects of lack of logical coherence, difficulty in covering the whole, difficulty in highlighting the principles and values of the code, and easy to make the subject positioning unclear, failing to meet the requirements of the Educational Code systematization. The subject system of educational law should adopt a hierarchical structure instead of a list structure, and typological and conceptual thinking can be used as the methodology for establishing a hierarchical structure system. The preliminary concept of the hierarchical subject system of educational law is: with educatees, participants in educational work, organizations that carry out educational activities, and educational administrative organs as the abstract subject hierarchy, respectively commanding the specific subject hierarchy including students, other educatees, parents or other guardians of minor educatees, teachers, other educators, schools, extracurricular educational training institutions, educational intermediary organizations, and public cultural service institutions.

Key words: subject of educational law, systematization, education code, hierarchical structure, list structure