Abstract:

From the perspective of the connotation and historical evolution of the basic concepts of Chinese education law, the protection and realization of the right to be educated constitute the basic concepts of the specific provisions of the education code, which can be proved from the two aspects of justifiability and feasibility. The unifying effect of the basic concept on the compilation of the education code is not only reflected in the value and function of the basic concept, but also in that the protection of the right to be educated is the core purpose of the general provisions of the educational code. In terms of methodology, it is advisable to adopt the “entry into the code” standard of “horizontal educational legal relations + vertical educational legal system” for the compilation of sub-items, making full use of the legislative technique of “citing”, choosing the style design of “total score structure”, absorbing and extracting common factor legislative technology, and establishing the value rank of “subject first and then object”. On this basis, the sub-sections of the education code are composed of sub-departmental laws such as education subject, school education, education and family, social and special matters. The part of educational subject of the specific provisions includes school legal system, teacher legal system and student legal system. In the specific provisions of the education code, the part of school education includes preschool education system, compulsory education system, high school education system, higher education system, vocational education system, special education system, degree system, and examination system. The part of education and family, and the part of the society mainly include family education system and lifelong education system. The special matters part mainly stipulates the education system for ethnic minorities, the national standard spoken and written language system, and the Sino-foreign cooperative education system, etc.

Key words: codification of the education code, specific provisions of the education code, right to education, general-specific structure, educational legal relationship