"The common factors"of the compilation of education code and its logical main line
Compiling an education code that meets the needs of the new age requires the use of axiomatic legislative techniques.Using axiomatic legislative techniques to extract"common factors"is in line with the requirements of the general and divisional model of the code and the normative application of judicial decisions,has been effectively verified by domestic and international codification organizations,and meets the practical needs of China's national education situation.The process of extracting the"common factors"of the education code is divided into three steps:firstly determining the scope of extraction,then specifying the categories of extraction by similarity through the factorization method,and finally extracting the specific"common factors"by commonality through the logical inclusion method.The basic principles of education law have the attribute of natural"common factors".Taking legal effect and constituent elements as double standards,other"common factors"can be further extracted,which roughly include the right to education,subject of education,object of education,and content of education.Based on the review of reverse logic,it can be seen that there exists a logical thread closely linked with"power-right"as the core among the"common factors"of the education code,which takes safeguarding the right to education as the logical starting point,safeguarding the rights of educational subjects,regulating educational activities and presenting reasonable educational contents as the linkage.It takes the guarantee of the right to education as the logical start-up,the guarantee of the rights of educational subjects,the regulation of educational activities and the presentation of rational educational content as the intermediating linkage,and national education right as external guarantee,and finally points to the ultimate goal of comprehensive human development.
education codelegislation techniques to extract common factors"common factors"factorization method"power-right"logic threads
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