The source of law is referred to as the source of law for short, which refers to the "formal source" or "effective source" of law. Specifically, it refers to where the power of law formation comes from, and what kind of state organs, legal documents and procedures recognized by the state are the ways or manifestations of law. The concept of the origin of education law can also be understood as: where does the basis for formulating education law come from? The origin of education law mainly refers to the normative documents on education formulated by the state according to legal rights and procedures. The origin of China's education law mainly includes the following aspects:
(1) Constitution
Constitution is the general constitution of the country, the basis of all other laws and regulations, and an important basis for formulating educational laws and regulations. The Constitution of People's Republic of China (PRC) is formulated by the National People's Congress (the highest organ of state power), which has the highest legal status and legal effect and is the highest legal source. Other forms of laws and regulations shall not violate the Constitution, otherwise they will be invalid. Constitution is the basic source of China's education law.
(2) Education Law
The Education Law is a normative legal document on education formulated by the highest organ of state power and its permanent institutions. Education law is the main source of education law. According to different legislatures and adjustment objects, education law can be divided into basic education law and separate education law.
① Basic laws of education
The Basic Law of Education is formulated and promulgated by the National People's Congress, which usually stipulates and adjusts some fundamental and universal laws. China's basic education law is the Education Law of the People's Republic of China adopted at the Third Session of the Eighth National People's Congress.
(2) the separate education law
Generally speaking, a separate education law is formulated and promulgated by the NPC Standing Committee, which usually stipulates and adjusts a kind of narrow and specific laws, and its effectiveness is lower than that of the Constitution and the Basic Law on Education. Such as the Compulsory Education Law of People's Republic of China (PRC), the Teachers Law of People's Republic of China (PRC) and the Law of People's Republic of China (PRC) on the Protection of Minors.
(3) Educational administrative regulations
Educational administrative regulations are normative documents formulated by the highest administrative organ of the country (the State Council) for the implementation and management of educational undertakings according to the Constitution and educational laws, and their effectiveness is national. Educational administrative regulations are a form of administrative regulations. Educational administrative regulations generally have three names: regulations, provisions, methods or detailed rules. They have a wide range of contents and a large number, which have played an important role in practical work and are the biggest source of education law.
With the development of educational system reform, in recent years, the State Council has successively formulated more than a dozen educational administrative regulations, such as Interim Provisions of the State Council on the Collection of Additional Education Fees, Detailed Rules for the Implementation of Compulsory Education Law in People's Republic of China (PRC), and Regulations on Teachers' Qualification.
(4) local education laws and regulations
Local regulations are proper names of normative documents formulated by local state power organs. It shall be formulated by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities where the people's governments at the provincial level are located and large cities approved by the State Council. The names of local regulations usually include regulations, measures, provisions, detailed rules, detailed rules for implementation, etc.
The legislative purpose of local education laws and regulations is to implement the Constitution, laws and administrative regulations according to the specific situation and actual needs of education in this administrative region, such as the Measures for the Implementation of Compulsory Education in Henan Province and the Regulations on Vocational Education in Shandong Province.
(5) autonomous regulations and separate regulations
Autonomous regulations and separate regulations belong to autonomous regulations. In China, autonomous laws and regulations are formulated and promulgated by the people's congresses and their standing committees in ethnic autonomous areas. The contents related to education in these autonomous regulations and separate regulations are also the origin of education law.
(6) Education laws and regulations
Education laws and regulations are normative documents related to education formulated and promulgated by the central and local relevant state administrative organs in accordance with legal authority and procedures, including departmental education laws and regulations and local government education laws and regulations.
(1) departmental education regulations
Departmental education laws and regulations are normative documents on education issued by various ministries and commissions in the State Council. Such documents are mainly normative documents on the implementation of national education laws and administrative regulations, such as formulating corresponding implementation measures, regulations and detailed rules to ensure the implementation of relevant laws and regulations.
(2) local government education laws and regulations
Local government education laws and regulations are the legal forms of normative documents formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of larger cities approved by the State Council. Local people's governments have the power to formulate rules, and have formulated a number of local government regulations in basic education, vocational and technical education, adult education, higher education and other fields. These educational laws and regulations are an important part of the whole educational laws and regulations system, and they are the concretization and important supplement of national laws and administrative regulations. The perfection of local government's educational laws and regulations contributes to the implementation of national educational laws and administrative regulations, and also lays a good foundation for national educational legislation.
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