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01 May 2022, Volume 40 Issue 5 Previous Issue    Next Issue

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The Practical Significance and Realization Path of Codification of Education Daquan Wang 2022, 40 (5):  1-7.  doi: 10.16382/j.cnki.1000-5560.2022.05.001 Abstract ( 322 )   HTML ( 44 )   PDF (605KB) ( 332 )   Save The codification of education code has been included in the legislative programme.Codification is a sign of the maturity of a legal system in a field.The legal system in the field of education is relatively sound, and the quantity and quality of provisions can meet the requirements. Moreover, there is internal logic between legal norms, and the system is relatively mature. The legislative organ and the competent department have also formed a working consensus, which has a realistic basis for codification. The compilation of educational code is of great significance not only for the theoretical study of educational law but also for the practice of educational rule of law. It can promote the reform and innovation of educational system deeply by rule of law. Codification is faced with difficulties such as filling legal gaps, educational transformation, unclear procedures and insufficient theoretical preparation. It is necessary to give priority to filling educational legal gaps, and at the same time carry out systematic and organized research, and promote the codification through systematic integration of educational legal norms and partial innovation of substantive codification mode. References | Related Articles | Metrics

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Formulating Education Code with the Core of the Right to Education Xiaobing Sun, Lanlan Liu 2022, 40 (5):  8-16.  doi: 10.16382/j.cnki.1000-5560.2022.05.002 Abstract ( 221 )   HTML ( 30 )   PDF (768KB) ( 432 )   Save In the new era of codification, education legislation should take the right to education as the core to formulate education legal system and institution. Right to education is the core concept of education code. Realization of right to education should be regarded as the basic principle and guideline of educational legislation, which reflects the human-based value. The essential content of education code is formulation of norms and guarantees of right to education, which combines an internally logical and self-consistent system with five subject aspects, respectively, in national guarantee, institutional establishment, student development, teaching quality and social support. To the purpose of promoting right to education to meet the need of social development, making education code should also keep moderate openness and prospectiveness, which not only consolidates the existing educational system, but also reserves legislative channel for new systems of right to education protection. Figures and Tables | References | Related Articles | Metrics

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On the Core Concepts of Education Code: Based on Juristic Act and Administrative Act Suping Shen, Hang Zhou 2022, 40 (5):  17-27.  doi: 10.16382/j.cnki.1000-5560.2022.05.003 Abstract ( 190 )   HTML ( 19 )   PDF (734KB) ( 268 )   Save A code is the symbol and product of highly developed legal technology, and it is also the best model for the construction and precisely application of legal concepts and norms. Establishing the core concepts of education code as a tool for extracting common factors is a necessary prerequisite for compiling education code. However, the choice of the core concepts of education code and the definition of its connotation fundamentally affect the path and structure arrangement of codification, so it should be carefully determined after systematic thinking and system construction of China’s educational rule of law practice. According to the analysis of the concept evolution, value orientation and system function of the core concepts of civil law and administrative law, the core concepts of educational code need to realize the unity of formal rationality and value rationality, to promote the integration of external and internal systems, and to highlight the unique value pursuit of educational law. References | Related Articles | Metrics

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Comparing and Reference: Basic Function and Path in Codification of Education Law in China Huimin Qin, Jun Wang 2022, 40 (5):  28-39.  doi: 10.16382/j.cnki.1000-5560.2022.05.004 Abstract ( 240 )   HTML ( 21 )   PDF (818KB) ( 269 )   Save 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. References | Related Articles | Metrics

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Rationalist Codification of Education Law: Between Ideals and Reality Yuwen Peng 2022, 40 (5):  40-52.  doi: 10.16382/j.cnki.1000-5560.2022.05.005 Abstract ( 217 )   HTML ( 18 )   PDF (703KB) ( 245 )   Save Codification is an important measure for the construction of the socialist law with Chinese characteristics. As an organic part of the socialist legal system with Chinese characteristics, the codification of education law inevitably pursues creating a charter for educational development, highlighting national features, promoting the spirit of education law with Chinese characteristics, and ultimately forming the Chinese qualities of education code. However, there is still a gap between ideals and reality. Although the codification of education law in China has a certain foundation, there are still a series of highly challenging dilemmas, including a lack of mature construction of education legal system, the controversial status of education law, the imbalanced development of educational legal construction practice, the uncertainty of the factors for the reform and development of education, and the deficiencies of developing meta-theories of educational law. To address these issues, the compilation of the educational code must balance the relationship between ideals and reality and implement “rationalist thinking”. We should not only lay an ideological foundation from pragmatic and problem-oriented perspectives, and the perspective of cultivating a benign development ecology, but also consolidate a theoretical foundation supported by highly mature academic research and an inclusive public opinion orientation. The article advocates to implement the strategy of “transitional codification”, to improve the synergy of legislature and academic forces, to steer toward future directions through the structure of the code and legislative techniques, and to reinforce the implementation of the codification of educational code. References | Related Articles | Metrics

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Institutional Positioning and Logical Framework of Education Code Hongbo Li 2022, 40 (5):  53-62.  doi: 10.16382/j.cnki.1000-5560.2022.05.006 Abstract ( 193 )   HTML ( 27 )   PDF (696KB) ( 271 )   Save The compilation of education code is an important starting point to promote the scientization and systematization of educational law. In the contemporary Chinese legal system, education code is not a departmental law in the general sense, but a domain law aimed at legal issues in specific fields. Based on this positioning, education code should form a framework system including general principles and sub-rules in accordance with the corresponding theories and logic. The general principles mainly include educational objectives, basic principles, educational system, educational subjects, educational management and supervision, international cooperation in education and settlement of educational disputes. The specific provisions should be in accordance with the type and order of education, including preschool education, compulsory education, vocational education, higher education, family education, etc. References | Related Articles | Metrics

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The Specific Provisions of Education Code: Concepts, Systems and Content Haitao Ren 2022, 40 (5):  63-76.  doi: 10.16382/j.cnki.1000-5560.2022.05.007 Abstract ( 210 )   HTML ( 23 )   PDF (763KB) ( 278 )   Save 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. References | Related Articles | Metrics

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On the Formation Path of Education Code Tao Jin 2022, 40 (5):  77-88.  doi: 10.16382/j.cnki.1000-5560.2022.05.008 Abstract ( 187 )   HTML ( 25 )   PDF (805KB) ( 195 )   Save The formulation of China’s criminal law and civil code can provide useful reference for the formulation of education code. The formulation of education code should follow the following guiding concepts, such as the Constitution and the Party’s education policy, coordinating other departmental laws, building a coordinated system, and the operability of provisions. The absorption and reference of existing provisions in education code includes absorbing the provisions of education laws, transforming the contents of education regulations, paying attention to the common problems of school rules and disciplines, and learning from the experience of foreign legislation. The objective need to create provisions to fill the gap means that the compilation of the formulation of education code “is not feasible”. The draft of education code should be fully competitive, take the advantages of various versions, integrate professional thinking and public wisdom, and strive to improve the legislative quality of education code. References | Related Articles | Metrics

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Research on the Systematization of Educational Finance and Taxation Issues in Education Code Tieshuan Feng 2022, 40 (5):  89-99.  doi: 10.16382/j.cnki.1000-5560.2022.05.009 Abstract ( 161 )   HTML ( 26 )   PDF (753KB) ( 303 )   Save Although educational fiscal and taxation regulations span the Education Law and the Fiscal and Taxation Law, they do not refer to all education-related fiscal and taxation norms, but specifically refer to the fiscal and taxation norms with the original intention of promoting the development of education and protecting citizens’ right to education. Whether it is based on the public welfare of education, or the state’s obligation to pay for the right to education, or because of the educational characteristics of education fiscal and taxation norms, it is necessary for the education code to respond systematically to education fiscal and taxation norms. The implantation of education fiscal and taxation norms in the education code can not only promote the system of education fiscal and taxation standards, but also the orderly connection of education law and fiscal and taxation law. On the basis of consideration of standard selection, the fiscal and taxation standards in the education code should highlight the dominant characteristics of education, avoid overlapping with the education provisions in the fiscal and taxation law, and be in line with the fiscal and taxation standards in the education policy. In terms of system structure, the fiscal and taxation regulations in the education code cover education fiscal expenditure guarantee regulations, education finance fund raising regulations, education finance authority and expenditure responsibility regulations, and education tax incentives regulations. In terms of legislative expression technology, the design of the education code’s fiscal and taxation norms should not only adhere to the “general rules + sub-rules” standard layout, but also follow the standard configuration of the relative separation of education finance and education taxation, and use determinism + appointment + approval hybrid rule structure. References | Related Articles | Metrics

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Codification of Family Education Promotion Law in Education Code Ning Liu, Siya Wu 2022, 40 (5):  100-107.  doi: 10.16382/j.cnki.1000-5560.2022.05.010 Abstract ( 330 )   HTML ( 29 )   PDF (617KB) ( 329 )   Save The legal system of family education is a new field of education law adjustment, and it is an inevitable choice to move from systematization to codification. In terms of system orientation, family education is organized into the basic system of education code. The general provisions have a close relationship with the Family Education Promotion Law, which is reflected in the overarching effect of the general provisions on the Family Education Promotion Law and the provision of legislative resources for the general provisions by the Family Education Promotion Law. In terms of the path of codification, first, adhere to the guiding ideology of minor repairs and promotion legislation.Second, take the legal relationship of family education as the main line of logic of compilation; family education is the value level of the sub-rules, and family education promotion law becomes the sub-sections of the education and family, social of education code. Based on the above considerations, in the process of codification of the Family Education Promotion Law, systems such as general provisions, family responsibilities, national support, social cooperation, and legal liability should be comprehensively adjusted. References | Related Articles | Metrics

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The History of Codification of Code and its Mirror to the Establishment of Education Code Haijun Wang 2022, 40 (5):  108-117.  doi: 10.16382/j.cnki.1000-5560.2022.05.011 Abstract ( 176 )   HTML ( 23 )   PDF (661KB) ( 241 )   Save 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. References | Related Articles | Metrics

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The Style Structure of Education Code: Extraterritorial Models and Chinese Solutions Binbin Duan 2022, 40 (5):  118-129.  doi: 10.16382/j.cnki.1000-5560.2022.05.012 Abstract ( 247 )   HTML ( 24 )   PDF (827KB) ( 244 )   Save The style structure is not only related to the external form of the code, but also to the choice of the content, the layout of the provisions, the internal logic and the system arrangement. At present, there are three modes of the structure of foreign educational code: loose mode, parallel mode and quasi-main axis mode. Although the loose mode helps the code to accommodate a large number of contents, the lack of logical association between chapters makes it difficult to form an internal system. The parallel mode overcomes the disorder of the loose mode by adding the dimension of parallel classification, but there is still a lack of internal correlation between the dimensions, so it is impossible to judge whether the content of the code meets the requirement of completeness, or whether the style of the code is logical. Although the quasi-main axis mode ensures that the chapters within the core dimension have a good logical correlation and hierarchical structure, there is still a lack of systematic connection between the main and subordinate dimensions, which weakens the logic and system of the code to a certain extent. Based on the pros and cons of various models and the realistic foundation of my country’s educational legal system,the Education Code in China should choose a main axis model with the type of education as the axis, and scientifically handle the logical relationship between general rules and sub-rules, chapters and sub-clauses, chapters and clauses, in order to educate the main body. It controls the general rules of the Code, serializes the sub-paragraphs by education type, refines the chapter arrangement by organizing activities, and determines the order of the laws by logical relations. Figures and Tables | References | Related Articles | Metrics

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The Enlightenment of Foreign Civil Codes to the Codification of Education Code of China: Taking the Four Modern Civil Codes as the Research Center Sijie Wang 2022, 40 (5):  130-142.  doi: 10.16382/j.cnki.1000-5560.2022.05.013 Abstract ( 183 )   HTML ( 26 )   PDF (789KB) ( 273 )   Save Codification needs the systematization, which is based on the internal logic of the code. The Civil Code of France took “a free man and his property” as the logic, and the BGB took the standardized right system as the narrative. The education code of China should combine these two logics and focus on the realization of the educated persons and their educational rights. With its abstract and rigorous conceptual system and general principles, the BGB maintained the balance between the stability and openness of the code, and the Swiss Civil Code did it with its open legal source as a lever. In addition, the BGB and the Japanese Civil Code used their own historical resources to bring the nationality into the normative system of the code. The above four famous modern civil codes can provide valuable enlightenment to the codification of the education code of China. An education code with internal logic, highlighting national values, stability and openness will realize the self-transcendence of China’s education law, so as to promote the civilization and progress of the Chinese nation. References | Related Articles | Metrics