公共治理理论的授权、协商、多元共治的理念为软法的形成奠定了理论基础。教育的独特性决定了教育法在很大程度上也符合软法的基本定义。当前,我国政府在教育法治中的缺位状态和民众对教育的认识,要求教育法的设计和实施必须重视其强制力的体现和完善,从而实现教育法制的软硬共治。 The concept of empowerment, negotiation and multiple governance of public governance theory has laid a theoretical foundation for the formation of the soft law. The uniqueness of education determines that education law also largely conforms to the basic definition of soft law. At present, the absence of our government in the rule of law in education and people’s understanding of education require that the design and implementation of the education law must pay attention to the manifestation and perfection of its coercive power so as to realize the common governance of education by law.