Recently, Professor Guan Hua of Law School published a paper entitled ‘Normative Choice of Codification of Education Law’ in the authoritative journal of law, China Law Journal, Issue 4, 2024. This is the first time for our university to publish a high-level paper in China Law Journal in the past ten years.
The paper discusses in depth the difficulties faced by the codification of education law, which norms related to ‘education’ should be included in the education code. Through sorting out all the norms related to education in China's legal system, it is found that the main controversial norms are the norms related to education in the sense of legal responsibility and the norms related to publicity and education, The main methods for determining whether the norms relating to education should be incorporated into the education code include: making judgements in accordance with the provisions, principles and spirit of the Constitution, drawing on the experience of the Civil Code and applying the amended ‘industrial law’ paradigm. The ‘industrial law’ paradigm, as amended. According to these methods, the norms of ‘education’ in the sense of legal responsibility should not be included in the Education Code; the norms of ‘propaganda and education’ should be included in the Education Code only insofar as they are relevant to the education sector; the norms of vocational education for the whole sector in the norms of the education of the staff should be The norms on national defence education, patriotism education and physical education and health education, which are related to the education sector and schools, should be included in the Code of Education, while the norms on special education and education for the protection of minors should be included in the Code of Education; the norms on specific types of education, such as medicine and agriculture, should not be included in the Code of Education.
China Law is a bimonthly academic law journal under the supervision and sponsorship of China Law Society, founded in 1984, and is an excellent journal funded by the National Social Science Foundation; it has won the National Top 100 Newspaper Award for three consecutive terms; it has won the National Journal Award (or nomination) for four consecutive terms; and it has been ranked among the top national law journals by the Impact Factor of the National Law Journal Ranking in the evaluation system for a long period of time. In all kinds of evaluation systems, the impact factor has long been at the top of the national ranking of law journals; it is the most influential and authoritative academic journal in China's law field.
Professor Guan Hua's main research fields: constitutional law and administrative law, education law, party regulations, has published more than 40 CSSCI papers, more than 20 adopted think-tank results, has won two first prizes of Provincial Philosophy and Social Science, and has published the books of ‘Original Theory of Educational Law’ and ‘Research on the Rights of the Child’, which have a certain influence in the field of educational law.
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