Contemporary Educational Legislative Studies (1949 ~ 1985)

Legislation is a new and important branch of science in the modern legal system. As a new perspective and a new method of understanding and studying the history of Chinese, legislation has been accepted and applied by the historian circle, which has greatly widened the vision and ideas of the research on the Chinese history. The essay attempts from the law science, especially using of the framework and concepts of legislation, based on the relevant theory of legislation to study the historical evolution of our education legislation in the span from 1949 to 1985, and argues its characteristics and drawbacks. Meanwhile, the paper hopes to provide some new reference and inspiration to contemporary education legislation and structural reform.In view of the interpretation of the relative theory and train of thought to the study, the paper divides our education legislation of this period into three different stages in chronological order:the primary stage of education legislation (1949～1956), the developing stage of education legislation (1957～1976) and the rebuilding stage of education legislation (1977～1985). The emphasis is to review the legislative evolution of the educational administrative bodies with the rules, the legislation of education system and other education legislation in each stage. Furthermore, from the angle of the relevant legislative theory, such as the guiding ideology, legislative body, and legislative authority and so on, the paper analyzed the fundamental characteristic of our education legislation in details. Besides, the paper discussed of the objective reasons of our educational law system losing the opportunity to develop as long as 20 years.The later part of the essay evaluates the education law system in our country. Through concrete analysis, it thinks the drawbacks to the education law system lie in the incomplete structure, low rank and unscientific criterion etc. And the most important reasons to these drawbacks are the traditional ideas of "the rule of the man", the legislation system, education law level and laggardness of locality legislation. So the author suggests that we understand the importance of education legislation from a strategic point of view, strengthen the locality legislation, and call on as many parts to participate the education legislation to make the laws more reasonable and workable, and make our education law system more perfect as well.