The Normative Construction of the Legislative Purpose Clause of the Education Code
Based on the fundamental status,systematic objectives and the tradition of education code,there is a need for the establishment of the legislative purpose clause in the education code.The construction of the clause is structured in two parts:substance and form.When constructing the substantive content,the intrinsic val-ue system of the legislative purpose clause shall be determined by taking into account the interests of the people,the real needs of social development,and the guidelines and policies of the Party and the State re-spectively.When constructing the formal content,the normative structure of the clause should be"in order to+functional purpose(value purpose)+enactment of this law".Under the guidance of the value pur-pose,the functional purpose is firstly extracted from the existing education laws and regulations by the methods of extracting common factors,and then determine the functional purpose which is in line with the intrinsic value system,finally the ordering of the purposes is determined according to the rules of value hi-erarchy and formal logic.In this way,correct content and reasonable form of the legislative purpose clause can be constructed,which can lead to the systematization of the code.
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