On September 13, the first Seminar on the construction of the subject system of Education Law was held in Shanghai, organized by the policy and East China University of Political Science and Law Department of the Ministry of Education. The meeting was attended by more than 50 people from the Department of policies and regulations of the Ministry of Education, the Shanghai Municipal Commission of Education, the Shanghai court system, and the education and legislation research base of the Department of policies and regulations of the Ministry of Education. Professor Gong Xianghe, Executive Director of the Southeast University Institute of Human Rights and Deputy Director of the Southeast University education legislation research base of the Ministry of Education, spoke on the theme of Theoretical system of Education Law.
Professor Gong Xianghe said in his speech that the theoretical system of educational law should be developed from both practice and theory. From the perspective of practice, the development of educational law needs universities to actively promote the construction of high-end talent training sites and specialized disciplines. From a theoretical point of view, how to determine the logical starting point of the theoretical system of educational law is an unavoidable problem. Personal Rights and educational development are the two logical starting points of the theoretical system of educational law. From the perspective of constitutional law, individual rights are the aim and root, and the development of national education is the means. On the other hand, it is also related to the relationship between individual and state, the relationship between individual rights and state interests. Professor Gong Xianghe thinks that the theoretical system of educational law should be built on the basis of constitution, that is, from the logical starting point of constitutional rights. First of all, the theoretical system should be based on the system of legal norms, so as to achieve the goal of promoting the understanding and implementation of legal norms. Secondly, the educational law is a normative system of law with the Constitution as the command and basis and the highest norm. The object of study of educational law is the educational law, and the theoretical system of educational law should, of course, take the educational law as the object of study, constitution is the foundation of the theory of Education Law. Finally, from the Constitution of basic rights and the content and future development of education law, as the logical starting point of education law, there should be two constitutional rights: the right to education and academic freedom. We should take constitutional rights as the logical starting point, follow the logical structure ofCivil rights-state obligations-state power, and deduce the normative system of educational law and its corresponding theoretical system of educational law.