From the dual perspectives of norms,laws and policies,there are four constitutional bases for codification of educa-tional code,which are macro-explanations of why it is necessary to codify education code,who codifies educational code,how to structure educational code and whether"incomplete codification"can be established.Based on the need to implement the leg-islative policy orientation of the codification era,integrate the complex concept of"education"in the Constitution and determine the complex legal relationship of education,the necessity of codification of educational code can be affirmed by the Constitution.The educational code should belong to the"other basic laws"in the third paragraph of Article 62 of the Constitution.By referring to the normative instructions of the Constitution and the compilation experience of the Civil Code,it can be concluded that the National People's Congress is the main body of the compilation of the educational code,the Legislative Affairs Commission of the Standing Committee of the National People's Congress is the leading body of the compilation of the draft,and the education ad-ministrative department is an important participant.Based on the system model of"value orientation+three fields+four types+multiple stages"of the Constitution,it can provide reference for how to structure the general and sub-provisions of the edu-cational code.According to the integrity and scientific requirements of the socialist legal system with Chinese characteristics un-der the constitutional rule order,it can be concluded that the path of"incomplete codification"is difficult to establish,and the path of"basic codification"should be adopted to maintain the independence,integrity and stability of the educational code,and exclude separate legislation outside the code.
educational codeconstitutional logiclaw and policynormative perspective
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