《职业教育法》(以下简称职教法)的立法依据主要明确的是其在整个法律体系中的层次与等级问题。职教法其法律位阶属于宪法的原则框架内,其立法依据应该着眼于国家的根本法,与其相关的最直接的基本法,明确与相关法律法规的关系这三个方面。职教法属于《教育法》和《劳动法》的下位法,职教法与《教育法》两者之间主要体现为从属与延伸的关系。职教法与《劳动法》之间主要体现为约束与衔接关系。职教法与相关法律法规的关系,主要是如何处理与相关法之间的内容关系,如何避免重复,建立衔接是技术层面的问题,需要深入研究。 The legislative basis of the Vocational Education Law (hereinafter referred to as the Vocational Education Law) is mainly the question of its hierarchy and rank in the entire legal system. The law of vocational education is within the framework of the principle of the constitution, and its legislative basis should focus on the three aspects of the fundamental law of the country, the most direct basic law related to it, and the relationship with the relevant laws and regulations. Vocational education law belongs to the lower law of “Education Law” and “Labor Law”. The relationship between the law and the “Education Law” is mainly reflected in the relationship between subordination and extension. Vocational education law and the “Labor Law” is mainly reflected between the binding and cohesive relationship. The relationship between VET and relevant laws and regulations is mainly about how to deal with the relationship between content and related laws. How to avoid duplication and establish connections is a technical issue that needs further study.