教育法法典化的正当性证成及其实现路径

Justification of Codification of Education Law and Its Implementation

教育法法典化相关问题自被全国人大常委会纳入立法工作计划以来,已受到广泛关注,但其正当性和具体实现路径存在较大争议。当前我国教育领域立法存在覆盖性不足,法律体系内部协调性较弱等一系列现实困境。为此,本文以现有问题为导向,结合法典化立法模式的优势,对教育法法典化的正当性加以证成。进而从教育法典的总则与分则具体内容和结构设置两个维度梳理明确教育法法典化的实现路径。

Issues related to the codification of education law have drawn wider attention since they were introduced into the legislative work schedule by the Standing Committee of the National People s Congress(NPC).However,its legitimacy and concrete fulfillment are highly controversial.Currently,there are a series of problems such as lack of coverage and weak coordination within the legal system in China s education legislation.Therefore,this paper that adopts the existing problems as the guide and that combines the advantages of the codified legislation mode,mainly proves the legitimacy of the codification of education law.In addition,from the perspective of the general and the specific rules of the education code,it clarifies ways to make education law more codified.