Education legislation is the formulation of education law, which refers to the activities of some state organs to formulate (amend or abolish) educational normative documents according to their statutory functions and powers. According to China's Constitution and relevant laws, the National People's Congress and its Standing Committee exercise state legislative power and have the right to enact education laws. As the highest administrative organ, the State Council has the right to formulate educational administrative regulations; Ministries and commissions in the State Council have the right to formulate departmental education laws and regulations; The people's congresses and their standing committees of provinces, autonomous regions and municipalities directly under the Central Government, the people's congresses and their standing committees of cities where the people's governments of provinces and autonomous regions are located and cities with separate plans approved by the State Council have the right to formulate local education laws and regulations according to local specific conditions and actual needs on the premise that different constitutions and laws are inconsistent; Provinces, autonomous regions, municipalities directly under the Central Government, cities where the people's governments of provinces and autonomous regions are located and cities with separate plans approved by the State Council have the right to formulate local government education regulations in accordance with laws and administrative regulations.
Once the law is promulgated, it should be put into practice. Education law enforcement is the key to the implementation of education law. The relevant state organs shall apply educational laws and regulations in accordance with the statutory authority and procedures, and administer according to law. Educational administrative law enforcement mainly includes educational administrative measures, educational administrative punishment, educational administrative coercion and other forms.
Education judicature is a special activity for state organs to handle cases of illegal education and adjudicate educational disputes by law in accordance with legal authority and procedures. The education judicature mentioned here includes not only the special activities of the state judicial organs to deal with education cases, but also the activities of the state administrative organs to make rulings according to law. Education and justice in China is in its infancy, and many places are actively exploring it.
Abiding by the law in education means obeying the education law. Abiding by the law is the business of all organizations and individuals. All state organs and their public officials, social organizations, enterprises, institutions and all citizens should consciously act in accordance with the Education Law, correctly exercise their rights and strictly fulfill their legal obligations. An important means to promote the construction of law-abiding education is to popularize the law through education. Education popularization mainly refers to the publicity and popularization of education legal system. Since 1986, China has carried out legal publicity and education among the whole people in a planned way. Legal education is an important part of legal publicity and education for the whole people. Carrying out this activity is of great significance for enhancing citizens' awareness of educational law, improving the legal quality of educational administrators and educators, and ensuring the implementation of educational laws and regulations.
While strengthening education legislation and education law enforcement, we must carry out education legal supervision to ensure the effective implementation of education law. State organs, social organizations and citizens have the right to supervise the implementation of education laws, administrative regulations, rules and local regulations. At present, the ways of legal supervision of education in China mainly include the supervision of power organs, administrative organs, judicial organs, political parties, social organizations, public opinion and the masses.
When the legitimate rights and interests of the subject of educational legal relations are infringed and damaged, they can be restored and remedied through legal remedies according to law. The fundamental purpose of educational legal relief is to relieve the legitimate rights and interests of victims and provide legal protection for their legitimate rights and interests. China's education legal relief system mainly includes education appeal system, education administrative reconsideration, education administrative litigation, education civil litigation, education criminal litigation and education administrative compensation system.