The legalization of higher education in the USA has three features; Firstly, the non-unitary nature of the legal system characterized by the space for higher education legislation and relevant legal activities formed by the legal culture of both written law and case law of higher education.

From the point of view that constitutionality of higher vocational education is an inevitable tendency in the current world, combined the actual condition of China, this paper discusses some problems such as the framework of legal system of higher vocational education, etc.

But law education in higher vocational institute in our country is neglected.