A Study On The Frailties And Judicialisation Of Education Laws In Chinese Legal Tradition

Education laws seem somewhat frail in China. The frailties of education laws refer to the abstract and idealization of legislation that make the law not compatible with the reality of education in China. The legislation system can't resolve kinds of law conflicts in the cases. The equity of people's right to education cannot be fully ensured since the administration often makes lots of education policies to replace the implementation of education laws. The authority of education laws is seriously doubted, and therefore the administration's frequent education policy making takes negative effect on the process of legislation and implementation of education laws. This non-judicial phenomenon leads to a vicious circle that might tend to lower the possibility of the implementation for education laws.Since it's relatively late for the legislation of education laws to start in China, the complete and professional system of education laws is yet to be done. There are many cases in education cannot be ruled by law. Administrative activities usually replace the function of justice while the education laws are lack of in the whole system of the laws. That feature of education laws in China is closely related to the so-called "bureaucratic culture" of legal culture in the Chinese legal system. Integration of administration and justice, the same procedures and sentences regardless of criminal and civil justice, in the traditional Chinese legal system, ruling by policy or ethics but law, administrative orientation, the lack of individual-oriented legal thinking and legal supervision system as well as too much emphasis on entities without legal procedures are the main features in Chinese legal tradition.In order to enhance the role of education laws, the conclusion chapter of this...