Briefly describe the origin of education law.
Correct answer:
(1) The origin of education law refers to the source of the legal effect of education law, including the creation method of education law and the external manifestations of educational legal norms.
(2) According to the relevant provisions of the Legislative Law of People's Republic of China (PRC), the sources of China's education law generally include the following.
① Constitution: The Constitution is the fundamental law of the country and the basis of all legislation. It is formulated by the National People's Congress (the highest organ of state power) and has the highest legal status and legal effect.
② Law: In a narrow sense, law refers to the normative documents formulated by the highest organ of state power and its permanent organs in accordance with legislative procedures.
(3) Administrative regulations: refers to all kinds of normative documents related to state administrative activities formulated and issued by the highest state administrative organ within the scope of its functions and powers according to the Constitution and laws.
(4) Local regulations refer to the normative documents formulated by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts according to their legal authority.
⑤ Autonomous regulations and separate regulations: refer to the normative documents formulated by the people's congresses of ethnic autonomous areas according to their statutory authority and applicable to their own areas.
⑥ Rules: According to different authorities, rules can be divided into two levels. First, the departmental rules, that is, the normative documents with administrative functions formulated by the ministries, commissions and directly affiliated institutions of the State Council according to the statutory authority; The second is government regulations, that is, normative documents formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures according to their statutory authority.