On the Doctrinal Dispute and Institutional Choice of the Legislative Path of China's Education Code
The legislative path is the original problem of codification,and the legislative path of Education Code is the primary problem to be solved in the process of codification.The legislative path of Education Code mainly studies the important issues such as the legislative orientation,legislative model and legislative main line of Education Code.The legislative orientation of the Education Code should be the domain code,which has five elements:the collection of legal subjects,the complexity of legal relations,the domain of legal responsibilities,the expansion of the scope of adjustment,and the cross-departmental complexity.The legislative model of the Education Code should be formulated in essence to construct a new Education Code based on the interaction between educational norms and educational structures.The main line of the legislation of the Education Code should be the relationship in the field of education.According to the theory of the complete elements of the relationship in the field of education,the design basis of the legislative style of the Education Code is taken.
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