中国教育法治现代化与教育法典编纂

In May 2020, the Civil Code of the People's Republic of China was passed by the National People's Congress, which greatly stimulated the research enthusiasm of Chinese legal scholars on codification. Summarizing the experience of compiling the Civil Code and promoting the codification of mature legislative fields at the right time is one of the top priorities for China's legislative work and academic research at present. Since 2023, the Ministry of Education of China has initiated the compilation of the Education Code and organized scholars to form a legislative research team. From an academic perspective, discussions on the compilation of the Education Code began in 2017 and have gradually become a hot topic since 2022. The mainstream view holds that the time is ripe for China to compile an Education Code: first, since the founding of the People's Republic of China in 1949, China's education sector has achieved remarkable success, and the modernization of education requires a mature Education Code; second, since the reform and opening up in 1978, China's education legal system has developed rapidly, with over 20 laws and administrative regulations formulated, accumulating rich legislative experience, but there is a need to further improve the quality of education laws and regulations and eliminate normative conflicts; third, since 2012, China has implemented the strategy of comprehensively advancing law-based governance, and the modernization of education governance is an important part of the modernization of the national governance system and governance capacity, making the timing for the formulation of the Education Code ripe. Currently, the academic community is engaged in intense debates on how to compile the Education Code and what kind of Education Code to compile. Within the next decade, China is highly likely to successfully compile an Education Code with Chinese characteristics, contributing Chinese solutions and Eastern wisdom to global education legal governance.