Also known as "educational law". The interdisciplinary subject of law and pedagogy focuses on educational laws, educational legal phenomena and their development laws. It is the development of social politics, economy, culture and education to a certain stage, accompanied by the emergence of education law and the theoretical study of educational legal phenomena.
In the late 1950s and early 1960s, education laws appeared in the Federal Republic of Germany, the United States and Japan. 1957 Hans, Law Department of Federal University of International Education? The School Law, co-authored by Professor Heckel and Professor xipu, systematically expounds the legal composition of the school system, the legal relationship between management and education, and is regarded as the earliest monograph on education law in the world. Since then, Heckel has written the School Law and School Policy, and constitutional scholar Klein has co-authored The Right to Education and Its Realization in Densely Populated Areas, which focuses on the analysis and evaluation of facts and laws, involving a wide range of issues such as the country's educational administrative responsibility, the right to education and the right to education. In the United States, the School Law-A Teacher's Manual, co-authored by Nolte and Lynn, is the first systematic work on education law. This book constructs the basic theoretical system of school law on the basis of precedents, involving the legal basis of American education system and the legal status of teachers. In the mid-1960s, Drewry, a lawyer of Ohio Education Association, and Bormel, a professor of education at Duke University, co-edited the American School Law series. In the early 1980s, Warren proposed to publish the School Law. The book has both theoretical analysis and legal interpretation, and each chapter is accompanied by case studies, which embodies the positivist tradition of American education law. From 65438 to 0954, the National Educational Law Research Association was established, which is considered as the earliest educational law organization in the world. Since 1950s, the research on Japanese education law has developed rapidly, and the initial work was mainly legal interpretation and compilation of educational cases. 1963, Kanoko published the book Education Law, which became the first authoritative book in Japan to systematically expound the principles of education law. In China, the study of educational law as an independent discipline began in 1980s. 1980 After the promulgation of the Regulations on Academic Degrees in People's Republic of China (PRC), academic circles began to study the problems in the practice of educational legislation. 198 1 year, The Journal of Gansu Normal University published On the Formulation of Education Law, which started the theoretical research of education legislation. In the following five years, a series of articles on educational legislation came out. Among them, "On Education Legislation" published by Education Research 1982No. 1 and "On Primary Education Legislation" published by Law No.2 1983 show that the education and legal circles in China have begun to pay attention to education law. 1986 After the promulgation of the Compulsory Education Law of People's Republic of China (PRC), the academic circles began to consciously explore educational law as a discipline while studying educational legislation. In the 1990s, academic research turned to the stage of constructing the framework of the discipline system of educational law as a whole, and professional works came out one after another, mainly including: Educational Administrative Enforcement, Fundamentals of Educational Law, Educational Law Theory and so on.
Because of the different theoretical basis and situation of educational law in different countries, the scope and content of research are also different. The research scope includes: the basic principles and general laws of education law, China's current education law, foreign education law, the history of education law, the comparative study of education law, and the relationship between education law and other social and natural phenomena. Its research content can be divided into three categories. (1) Research on the basic theory of educational law. Including: the emergence and development of education law, its concept, essence and characteristics, its normative composition, its value and function, its system, the relationship between educational rights and obligations, the concept, essence, types and identification of educational legal responsibility, and the general principles for formulating and implementing education law. (2) Research on the basic problems of education law. It mainly includes: the right to education, the right to education, the legal form of modern education administration, the legal status and basic rights and obligations of schools and other educational institutions, the legal relationship inside and outside schools, the basic rights and obligations of teachers, the basic rights and obligations of students, the legal relationship between organizers and managers, and the legal protection of educational investment. (3) Research on the operation of education law. Including: educational legal consciousness, educational legal order, educational administrative law enforcement, educational judicature, educational legal supervision, managing education according to law and so on. In addition, the selection and evaluation of educational precedents has increasingly become an important content of research. Education legislation focusing on the formulation of education law and sociology of law focusing on the implementation of education law constitute two main branches of education law.