Law is a code of conduct enforced by the state's coercive force, which is universally binding on the whole society. Through education legislation, the educational principles and policies of the state can be fixed in the form of law, so that the educational work can be subject to the guidance of the state and the development of education can be guaranteed and promoted. Educational laws and regulations are the foundation and basic basis of educational management in modern countries, which play an important role in publicizing educational ideals, promoting educational democratization, establishing and reforming educational system, promoting educational development and popularizing compulsory education, and improving educational quality. All countries in the modern world attach great importance to education legislation. Due to the differences in historical background, social system, political system, economic situation and cultural tradition, the guiding ideology, purpose, content and specific methods of educational legislation are also different. But they also have some common characteristics and can learn from each other.

Educational laws and regulations include the provisions and laws related to education in the Constitution formulated and promulgated by the highest organ of state power, local educational laws and regulations formulated and promulgated by local organs of state power, and normative documents such as educational orders, articles of association, regulations and resolutions formulated and promulgated by state administrative organs. The Constitution of People's Republic of China (PRC) stipulates that laws shall be formulated and promulgated by the National People's Congress and its Standing Committee, the highest organ of state power; Local regulations are formulated and promulgated by local people's congresses at various levels and their standing committees and local organs of state power; Administrative regulations, orders, articles of association, decisions and regulations are formulated and promulgated by the State Council, the highest state administrative organ, its subordinate ministries and local people's governments at various levels. Because the state organs that formulate and promulgate these laws and regulations are different, their legal status and effectiveness are also different.