Abstract:
As an important supplement to the construction of the education legal system, the “education” provisions of the Civil Code should be an object of attention in the theoretical study of education law. Through normative analysis, it is found that the design of the provisions on “education” in the General Provisions, Property Rights, Marriage and Family, and Torts together shapes the system structure of the education system of the Civil Code, which is basically characterised by a relatively decentralised distribution, does not form a rigorous logical structure, focuses on the adjustment of the relationship between rights and obligations, mainly regulating education in the field of private law. The normative role of the provisions of the Civil Code on “education” depends on the effective linkage with the constitutional text and the separate law on education. The Civil Code inherits the concept of the constitutional guarantee of the right of citizens to education, and the norms of the constitutional subject of obligation are specifically developed in the rules of the Civil Code, which regulates the legal relations of equal civil subjects, reflecting the value of its convergence with the constitutional text. The provision “Education” of the Civil Code regulates legal relations in the field of education in the civil sphere, reflecting the value of its convergence with the separate law on education through synergetic regulation of the obligations of third parties.