Journal of East China Normal University(Educational Sciences) ›› 2022, Vol. 40 ›› Issue (5): 108-117.doi: 10.16382/j.cnki.1000-5560.2022.05.011

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The History of Codification of Code and its Mirror to the Establishment of Education Code

Haijun Wang   

  1. Research Center of Legal History of East China University of Political Science and Law, Shanghai 200042, China
  • Accepted:2022-02-23 Online:2022-05-01 Published:2022-04-27

Abstract:

The history of codification provides an important mirror for the codification work in modern countries, including China’s upcoming education code. China’s formulation of education code should be based on the tradition and history of education code, based on the existing educational legislation in the country, and the demonstration effect of the Civil Code. By enacting a code, it not only responds to the practical education problems, but also realizes the systematization of educational legislation,which can accelerate the development of the rule of law in education, and promote the modernization of national governance. It's important to choose a codification path suitable for China, and in form, integrate the existing educational legislation to form a complete and unified legislative document. In terms of the code structure, it's necessary to take the deduction classification, coordinate the public-private legal relationship and public-private law norms in the education code, reserve a certain legislative space to ensure the development of educational legislation, and learn from the experience of the foreign education code, inherit the tradition of Chinese educational legislation, formulate an education code in line with the spirit of the education law, China’s national conditions of education and the development of the rule of law.

Key words: code, codification of code, codification, education code