Education policy refers to the code of conduct formulated by political parties, governments and other political entities in a certain historical period to coordinate internal and external relations in order to achieve certain educational goals and tasks. The education law is a regulation about education, and it is a criterion, basis and norm that must be followed in organizing education. It is the general name of legal documents on education formulated by state power organs, and it is a part of national laws and regulations, with the general characteristics of law. They have both commonness and individuality.

(1) Similarity between educational policies and educational laws and regulations

Education policy and education law are essentially the same. Education policy is the basis of formulating education law, and education law is the guarantee of its implementation. Mature educational policies can be transformed into educational laws and regulations. As far as China is concerned, what they have in common are: ① they all belong to the socialist superstructure; (2) Their economic base is the socialist public ownership economy; (3) It is the embodiment of the common will of the broad masses of the people led by the working class; ④ All of them are guided by Marxism-Leninism and Mao Zedong Thought; ⑤ Both are important means of national management education.

(2) Differences between educational policies and educational laws and regulations.

After all, education policy and education laws and regulations are not the same concept, so there are still strict differences:

(1) Develop different organs. The national education law is formulated by state organs, and education policies can also be formulated by political parties.

② Different binding force. The education law is mandatory by the state and binding on all members of society, while the education policy is not mandatory by the state and only binding on some people.

③ Different executive organs. The executive organ of the education law can only be the state organs, and besides the state organs, there are other organizations related to education policy.

④ Play different roles. The role of education law is mainly manifested in the compulsory role of the state, while the role of policy is mainly the guiding role.

⑤ Different forms of expression. The forms of education law include education clauses in the Constitution, education law, education administrative regulations, local education regulations and education administrative regulations. Educational policies mainly take the form of decisions, instructions, resolutions, outlines, notices and opinions.

⑥ Different execution methods. The implementation mode of the education law is backed by the state's coercive power and requires members of society to abide by it; The educational policy mainly relies on organization and publicity to motivate people to consciously abide by it.

⑦ The degree of stability is different. The education law is more stable and the education policy is more flexible.

The scope of publication is different. The education law must be published to the whole society, while the education policy is only published within a certain range.