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Title:: Theoretical Examination of the Legislative Model for an Education Code in China

Keywords:: education code; education codification; legislative model for an education code; constructive education code

Abstract:: The theoretical analysis of the legislative model for an education code is a fundamental, directional and foundational task for the formulation of an education code in China. The legislative model for education code can be divided into four types: constructive, codification, semi-codification, and quasi-codification. The primary representative countries for these four types are France, the United States, Russia, and Japan respectively. The advantages, necessity, feasibility, and viability of a constructive education code can be demonstrated from the perspectives of comparative law, legal positioning, academic accumulation, and legislative techniques. In China, a constructive education code should adopt a single-law legislative model and semi-codification model. In the design of the general provisions of a constructive education code, it can be sequentially set as: basic regulations, educational legal relationships, educational categories, educational supporting systems, and educational legal responsibilities. In the part of divisional provisions, the arrangement can be made according to the following sections: school education, vocational education and continuing education, family education, foreign education and future education, other types of education, and educational supporting systems.