Systematic Integration of the Basic Principles of Education Law from the Perspective of Code's Codification
The compilation style of the general formula of the education code requires giving full play to the"common factor formula"function of the basic principle in the general rules.However,there are three contradictions in the refining and interpretation of the basic principles of the current education law,and they are progressive step by step.They are respectively:the contradiction between the singleness of source and the complexity of nature,the contradiction between the thinking mode of domain law and the requirement of content independence of legal principles,and the contradiction between social responsiveness and elements coordination.We should take the nature orientation of"education law is departmental administrative law"and the basic attributes of legal principles as the theoretical premise,and at the same time respect the protection of citizens'right to education and the development of socialist education as two parallel main lines of value.Then,we should take the educational attribute,normative attribute and collaborative attribute as standards to integrate the basic principles and determine the basic principles of education law according to the two main values of the Constitution in the field of education.Finally,we should consider the corresponding problems of normative structure,code nature and system guarantee with a kind of integrated thinking.
education codebasic principles of education lawsystematizationright to education
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