On the Path to the Constitutional Basis of the Education Code
Discovering the constitutional basis of the Education Code is of great significance for insisting on legislating in accordance with the constitution,and insisting on implementing the constitutional provisions,principles and spirit of the constitution into the codification of the Education Code.Education-related provisions in the current Constitution are scattered throughout the various chapters.It is found that there are three logical lines in the Constitution:the State recognizes and guarantees citizens'right to education,the State develops socialist education,and the State implements socialist ideological education.Almost correspondingly,there are two representative views in the academic community on the core values of the Education Code,namely,"guaranteeing the right of citizens to education"and"developing national education".The two points of view were examined by introducing the criteria of inclusiveness and comprehensiveness,and it would be more reasonable to take"guaranteeing the right of citizens to education"as the core value of the Education Code,and to use it as the central point for discovering the constitutional basis of the Education Code.The constitutional basis of the Education Code has the right to education as its core,the State's development of socialist education as its preferred form of expression,and the socialist system and the Party's leadership as its fundamental position.
Education Codeconstitutional basiscore valuesright to education