教育法典何以可能?——教育法法典化的现实挑战与实现进路

How is the education code possible?——Realistic challenge and realization approach of codification of Education Law

教育法典是全面实现依法治教、推进教育现代化的重要选择。教育法制到教育法典需要经过法典化的动态过程,法典化有自身的特殊性和逻辑规律,要求建立在良好的法治基础之上。经过四十余年的教育立法实践,具有中国特色的教育法律框架已基本形成,教育法典作为教育成文法的高阶形态对教育法治基础提出更高要求,凸显现有教育法律体系在横向覆盖、纵向协调、程序规范、操作性等方面存在不足。法典化进程要求夯实教育法学基础研究,同时在法典编撰的立法理念、立法技术等方面有所提升,通过教育法典的积极推进加强教育法治建设,提升教育法治文明,迈向教育治理的现代化。

The education code is an important choice to fully realize the administration of education according to law and promote the modernization of education. From educational legal system to educational code needs to go through the dynamic process of codification. Codification has its own particularity and logical law, which requires to be established on the basis of good rule of law. After more than 40 years of educational legislative practice, the educational legal framework with Chinese characteristics has been basically formed. As a high-level form of educational statute law, the educational code puts forward higher requirements for the foundation of the rule of law in education, highlighting the shortcomings of the existing educational legal system in horizontal coverage, vertical coordination, procedural standardization, operability and so on. The codification process requires to consolidate the basic research of educational law, improve the legislative concept and legislative technology of code compilation, strengthen the construction of educational rule of law through the active promotion of educational code, improve the civilization of educational rule of law, and move towards the modernization of educational governance.