Research on the Compilation Method of China’s Education Code from the Perspective of Legal Negotiation Theory

Abstract

Codification is an important legal system, which aims to make it have a more perfect legal system through revising, perfecting and sorting out the existing educational laws and regulations, so as to better manage and standardize educational activities. This paper attempts to explore the possibility of inter-civilization dialogue from the perspective of Habermas’ legal negotiation theory: the elements of democracy, legitimacy and rationality in Habermas’ legal negotiation theory are closely related to the ideas of inter-civilization exchange and mutual learning in comparative law, and the relationship between them can provide effective guidance for inter-civilization dialogue. Until to-day, the codification of education law has been the general trend of the times and the trend of the people, and then it has a solid ideological foundation, institutional foundation and practical foundation. However, it is undeniable that it is still faced with the problems that are difficult or impossible to complete in the theoretical, institutional and practical aspects of the education law code, such as the difficult task of education legislation revision and codification. Through the comparison of the model of the education code in Germany, Japan and the United States and the legal education culture behind the code, from the perspective of globalization, the theory of Habermas’ legal negotiation gives the codification of China’s education code with a method of enlightenment: the codification of education law in our country should adhere to the law of law methodology, rational legislation methodology and democratic legislation methodology, and the codification of education law should start from consolidating the theoretical foundation and building a solid foundation, integrating the current legal system of education, and setting up the codification scaffolding scientifically. At the same time, it is also worth us to construct a plan suitable for the codification of China’s education law on the basis of studying the excellent system and culture of foreign code and combining with China’s national conditions.