Reflection on Improving the System of Education Law in China

The rule of law requires a sound legal system.After 30-years' construction of the legal institutions of education,the system of education law in China has been preliminarily established.However,relative to the requirements of administering education by law,the system of education law should be further improved.From the perspective of comparison with Japanese and Taiwan education law,it can be concluded that education law is not a independent session in the system of law in China;in fact,the system of education law lacks integrity and systematicness,and the spreadability in the horizontal direction and the supporting systems in vertical direction.In order to improve the system per se,we should card the basic logic of the construction of education law system clearly:(i)the realization and protection of right to education should be the logical point of departure;(ii)the distinction and the setting of the education powers should be the normative logic;(iii)the status ofindependent law sessionshould be education laws' logic location;and(iv)the legislative classification dimension should be the implicit logic structure.At the practical level,we should grasp the opportunity of improving the education law system,promote the status of education law,consider to fill in the legislative blank as the focus,and optimize the practice of education by law constantly and response to the real needs of the construction of educational legal system positively.The realization of education law system is of great significance to education administration by law,and to the modernization of education management system and governance capacity.