Class nature. As a superstructure, educational laws and regulations have a strong class nature. This is the most fundamental essential feature of educational laws and regulations. Educational laws and regulations are formulated by state organs of political power according to certain authority and legal procedures, which inevitably reflect the educational will of the ruling class; The implementation of educational laws and regulations is universally binding, and both the ruling class and the ruled class must abide by it, which reflects its full sociality; Mandatory. The implementation of educational laws and regulations has mandatory characteristics. Educational laws and regulations promote the people's educational will to the national will, and those who violate educational laws and regulations will be punished by law.

First, the role of education law:

1, guiding role. The guiding role of education law means that education law embodies the purpose and policy of national education development and guides people to carry out educational activities according to the purpose and requirements of the country.

2. Evaluation function. As a universal code of conduct for compulsory education in China, education law has the function of judging and measuring people's educational behavior, that is, the evaluation function, which is the external expression of the function of educational laws and regulations.

3. The role of education. The predictive function of educational legal norms determines the educational function of education law.

4. Guarantee function. The guarantee function of the education law means that the education law ensures that the educational rights of various educational subjects can be realized and the educational obligations can be fulfilled, so that the educational activities can be carried out in an orderly and effective manner.

Second, the extensiveness of the adjustment scope of education law.

(1) From the perspective of educational objects, China's Constitution gives every citizen the right to education. Education is closely related to the vital interests of the broad masses of the people. In China's education system, since the promulgation of the Compulsory Education Law of People's Republic of China (PRC), every school-age child and teenager must receive nine-year compulsory education. With the development of education, most junior high school graduates have to receive education and vocational training from ordinary senior high schools and various forms of vocational schools, and different types of education communicate with each other. The Ministry of Education has decided to cancel the age and marriage restrictions on entering ordinary colleges and universities from 200 1, which means that a lifelong education system is taking shape. In these educational activities, those who receive various forms of education and training at different levels have the right to receive education and undertake corresponding educational obligations.

(2) From the perspective of the adjusted legal relationship of education, under the condition of establishing a socialist market economy, with the comprehensive reform of the school-running system, management system, investment system, enrollment and employment system and internal management system of schools, the social relationship in the field of education has undergone major changes.

Third, the particularity of the legal consequences of the education law is mainly manifested in:

(1) Pay attention to protecting the educated, especially the young students. It can be said that the core of all education laws is to protect citizens' right to education, especially to protect children and adolescents whose rights are inconsistent with their ability to act. The way to deal with students' wrong behavior is mainly to adopt critical education. For example, for school-age children who don't go to school on time or lose their jobs, it is more important to persuade and educate them patiently. As long as they go to school or go back to school, it is not themselves but their parents or other guardians who will be punished.

(2) Pay attention to protecting teachers' special professional rights. In educational activities, teachers enjoy the special rights stipulated in the Teachers Law, including the right to education, teaching, scientific research, guiding students' development, paid vacation, further training and so on. Teachers conduct proper education for students, and students will not bear legal responsibility for property losses or personal injuries caused by their own reasons. Of course, if the teacher is at fault, such as corporal punishment or corporal punishment in disguised form, he should bear the corresponding responsibility.

(3) Pay attention to safeguarding the legitimate rights and interests of the school. Education is a national public utility, and schools are the main places to train people, and the education law gives them special protection. The Education Law stipulates that no organization or individual may occupy, deduct or misappropriate funds for compulsory education, disturb the teaching order, or occupy or destroy school buildings, houses and equipment. Violators should be given administrative sanctions and administrative penalties according to different situations; Causing losses, shall be ordered to compensate for the losses; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. In the specific process, we should generally pay special attention to the legitimate rights and interests of the school quickly and strictly.

Legal basis:

the education law of the peoples republic of china

Article 11

The state adapts to the needs of the development of socialist market economy and social progress, promotes educational reform, promotes the coordinated development and convergence of all kinds of education at all levels, improves the modern national education system, improves the lifelong education system and improves the level of educational modernization.

The state takes measures to promote educational equity and balanced development of education.

The state supports, encourages and organizes educational scientific research, popularizes the achievements of educational scientific research and promotes the improvement of educational quality.

Article 12

The national common language is the basic teaching language of schools and other educational institutions, and schools and other educational institutions should use the national common language for education and teaching.

Schools and other educational institutions in ethnic autonomous areas, which are dominated by minority students, should proceed from reality and use the spoken and written languages commonly used by the country and the spoken and written languages commonly used by their own nationalities or local nationalities for bilingual education.

The state takes measures to provide conditions and support for bilingual education in schools and other educational institutions with ethnic minority students as the mainstay.