The Study On The Theoretical System Of The Science Of Educational Law In China

The recent 30 years have witnessed considerable progress in alleviating the contradiction of demand and supply of education in China. Educational Law, as one of the tools of education administration, is conditioned by the characteristics of education development. In turn, its aims to ensure equilibrium deployment of educational resources and equal rights to education decide the features of Educational Law study in China that is to study from the beginning to the end of the right to education. By rationalizing the theoretic study of Educational Law, summarizing its phasic features and making the study as the axis, the paper puts forward some questions, such as what's the current situation, what are the gains and losses, and its future trend of development, which form the basis of this paper.The comprehensive questions decide the diversification of it ways to seek valid answers. The paper aims at combing the development course of the Science of Educational Law in China by using historical documentary method, analyzing historical research documents by means of statistical analysis, and studying its current situation in a way of text analysis, and thus paves the way to study the logic starting point, research pattern and theoretic framework of the Science of Educational Law in China. Guided by this idea and based on the theory of establishing the subject system, the paper conducts a historical research in the development course of the Science of Educational Law since it came into being in the 1980s and divides the development of this subject into four stages with a summary of major features of each, namely the embryonic stage, the internal concept establishment stage, the external concept establishment stage and the deepening and differentiation stage. By extracting some contents from Chinese Educational Law Review and Proceedings of annual meeting of the Science of Educational Law in terms of article number, author information, column placement and key words as samples (based on the discrete documents theory of Bradford), the paper discusses major problems in the study of Educational Law in China at the present stage, namely the absence of specification of object of study of the subject, the lack of discussion about the subject nature, the inadequacy of the rigorous subject concept system, the need to integrate study methods and to establish subject theoretic system. The discussion from two aspects above laid a solid foundation of practice for us to study the theoretic system of the Science of Educational Law in China. Proceeding from analyzing the logic starting point of theoretic system of the Science of Educational Law, the paper rationalizes the question about the logic starting point of the disciplines above the science of Law Philosophy and Education in the field of the Science of Educational Law in China, specifies and comments on the existed view on logic starting point of this subject to provide support for the point of the rights to education, which is put forward in the paper. Furthermore, by using the Paradigm Theory of Kuhn, the paper discusses how were the related research patterns employed to achieve the richness of external stipulating of this logic starting point. Lastly, the paper initially depicts the main content and logic structure of the theoretic system of the Science of Educational Law in China.The theoretic system of the Science of Educational Law is an organic whole which includes the logic starting point and the research patterns of this subject. It is a theoretic deduction which proceeds from the logic starting point (rights to education), goes through in succession the process of education right, the body of education law, the legal relations of education law bodies, and the phenomena of education law to achieve the richness of the external stipulating of the subject, and finally goes back to the logic starting point (rights to education).This paper tries to expound and prove the logic structure and the basic content of the theoretic system of the Science of Educational Law in China, illustrate the logic starting point of the theoretic system of the subject, seek research patterns in the current study of Educational Law. The absence of practice of the theory will be the direction of the writer's future efforts.