Journal of East China Normal University(Educational Sciences) ›› 2024, Vol. 42 ›› Issue (10): 40-51.doi: 10.16382/j.cnki.1000-5560.2024.10.004

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Reflection and Transcendence of the Research Paradigm of Educational Law in the Background of Codification

Hailong Cai   

  1. School of Education, Capital Normal University, Beijing 100048, China
  • Online:2024-10-01 Published:2024-09-25

Abstract:

The establishment of research methods is related to the discipline construction and development of educational law, and plays an important supporting role in the compilation of educational code. The codification of the educational code puts forward the requirements for the research methods of educational law from two aspects of form and substance. Through the analysis of the evolution of the paradigm of educational law research in China, it can be found that educational law research is affected by the law research methods on the whole. There are mainly three different research methods: legislative law research, legal doctrine research and social science law research. These different types of research methods have their own utility and advantages for the compilation of educational codes, but at the same time there are some problems to be improved. In order to better support and serve the codification of the educational code, researches on educational law should be reconstructed on the basis of analysis and criticism of the above research methods. Its main path and direction lie in that it should take the basic position of basing itself on the practice of the rule of law in education in China, take the innovation of the knowledge system of educational law as the main goal, and strive to strengthen and improve the application of different research methods. Also, it's important to promote the organic integration of normative research and empirical research in order to enhance the explanatory power of educational law research.

Key words: educational code, educational law, research method of educational law, discipline construction of educational law