The System of the Education Law and it's Law Theory in the Today's China

DOI HANDLE Web Site Open Access
  • Shinohara Kiyoaki
    Planning of Adult and Community Education Laboratory, Faculty of Human-Environment Studies, Kyushu University : Assistant Professor : Education Law Theory

Bibliographic Information

Other Title
  • 現代中国の教育法体系と教育法理論
  • ゲンダイチュウゴクノキョウイクホウタイケイトキョウイクホウリロン

Search this article

Abstract

The primary aim of this study is to analyse the law system and law theory of the Education Law in today's China. To date, numerous law and regulations regarding education have been enacted in China. Simultaneously, establishing the law system of these education law, and developing the law theory inhelent in the law, were recognized as issues. In this study, I tried to clarify the actual structure of the system of Education Law in the today's China, and some problems that this system has. I also considered about development of a theory on the inhelent feature of Education Law in the academic world of Chinese study on Education Law. Findings gained from this consideration are as follows : 1. The system of Education Law in China is prescribed by the structure as so-called "legal pluralism". 2. This "legal pluralism" means, (1)the structure of dual state control of the politics and administrations, (2)the dualism of law style over nation law and non-nation law (eg. area law, custom law, and so on.), (3)The dualism of law ideas over law of the socialism and law of the capitalism. 3. The inherent feature of Education Law in China came to mean to guarantee "Right to Education", because these law got closer to the law of capitalism.

Journal

Details 詳細情報について

Report a problem

Back to top