Journal of East China Normal University(Educational Sciences) ›› 2021, Vol. 39 ›› Issue (12): 1-14.doi: 10.16382/j.cnki.1000-5560.2021.12.001

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Study of Education Law in Perspective of Comparative Law: Orientation and Disciplinary System

Huimin Qin, Jun Wang   

  1. School of Education, Beijing Foreign Studies University, Beijing 100089, China
  • Online:2021-12-20 Published:2021-11-23

Abstract:

In civil law countries, the disciplinary system for study of education law takes the application of legal concepts in education field as the logical starting point, education law, education legal phenomena and its regularity as the research objects, the education law regulating educational order and adjusting rights and obligations of educational subjects in legal relations and the doctrinal logic as the analytical framework, the interaction between government-led educational reform and the legal system as the main line of attention, and theoretical difficulties in judicial disputes as guidelines for problems. In common law countries, the disciplinary system heavily depends on how individuals, as holders of rights, use legal concepts and modes of inference to resolve disputes and protect rights through legal techniques. In common law countries, the disciplinary system of educational jurisprudence depends heavily on how individuals, as holders of rights, use legal concepts and modes of inference to resolve disputes and protect rights through legal techniques. The orientation for study of education law requires a priority focus on a functional rather than a disciplinary orientation. The disciplinary system for study of education law is a knowledge and theory paradigm for studying and constructing a complete educational legal system based on the system of rights and obligations and the system of types and structures. Its scientificity requires an in-depth study of the basic theories and fundamental issues of the discipline, and its applicability needs to pay attention to the relevant problems that constantly arise in the reality inside and outside the education field.

Key words: education law, study of education law, civil law system, common law system, disciplinary system