Abstract:

In the codification innovation of education law based on the existing education legal system in China, the basic function and path of codification are the two basic concerns. The basic function in codification of education law is systematization, which has the dual dialectical attributes of goal and premise. The systematization has a formal function and a substantive function. The weight of formal and substantive functions carried by the basic form of education codes in major contemporary countries varies, resulting in differences in the degree of realization of the systematization function in the conceptual spectrum of codification compilation and codification innovation. With comparing and reference of the basic forms of foreign education codes and summarizing the innovative experience of the Civil Code, it helps to further understand the basic function and basic path of codification in education law. To explore the basic path of education law codification, it is expected to aim at realizing the systematization function in codification innovation, condense the basic values, legislative principles, and core elements of the education code logic system by discussing the basic issues of top-level design and underlying logic of education law codification.

Key words: education code, codification of education law, codification logic system, state’s authority on education, right to education