Abstract:

The logical starting point of China’s higher education legal system originates from China’s constitution, education law and its corresponding Chinese education legal system, which is the natural extension and logical expansion of China’s education legal system. However, the coexistence of Higher Education Law and Academic Degrees Ordinance has resulted in the technical separation of higher education legal system, and formed in the practice of rule of law the dual implementation system of management in higher education and academic discipline. Through the systematic analysis of the substantive structure and legislative mode of China’s higher education legal system, this paper puts forward that during the “fourteenth five-year plan” period, China’s higher education legal system should be improved from the aspects of codification, unification, hierarchy and classification.

Key words: the legal system of higher education, higher education legislation, higher education codification