Journal of East China Normal University(Educational Sciences) ›› 2021, Vol. 39 ›› Issue (10): 115-126.doi: 10.16382/j.cnki.1000-5560.2021.10.009

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Education Law is an Independent Department Law

Binshuo Lei   

  1. School of Law, East China Normal Universtiy, Shanghai, 200241, China
  • Online:2021-10-20 Published:2021-09-27


The independence of education law is not confirmed by the characteristics of the legal branch; on the contrary, the independence of the education law confirms that the education law can be regarded as an independent department law. The independence of education law is determined by the typological characteristics of education law, which is the narrow sense of educational legal relationship, which belongs to the core category of education law. In the stage of the continuous development of education law, it is necessary to focus on the legal relationship of narrow sense education, highlight the research on the nodal issues, and focus on the joint and detail issues of the education law with the legal relationship of narrow sense education and its embodied educational value. Then, we should construct the system of education law, form the order of education law, stabilize the scope of education law, and ensure the independence of education law.

Key words: education law, independence, legal branch, educational legal relationship, domain