Abstract:
The academic expectations and legislative decisions for compiling the Education Code have arisen one after another, and it has become an urgent task to clarify the basic orientation and logical main line of the Education Code as soon as possible to condense the theoretical consensus of form and substance.The substantive code view and the formalism code view have different origins and different emphases, but the systemic education code in the substantive sense is undoubtedly more in line with our country’s legislative tradition, public cognition and general expectations.The compilation of the educational code should adhere to the basic concepts of objectivity, rationality and pragmatism, and position it as a “relatively perfect” code with appropriate scope, reasonable degree and dynamic openness.The status of education law as a departmental administrative law is not enough to indicate that it is suitable as a subcompilation of the unified administrative code.The development of socialist education is a national goal confirmed by the Constitution of our country and an institutional guarantee for the realization of the right to education, and the logical main line running through the education code should be refined accordingly.The development of education as the main line of logic reflects the main contradiction in the field of education in the new era, has a distinct value orientation and practical significance, and becomes the core content basis of the basic provisions in the general provisions of the code, and determines the overall framework structure of the sub-rules.