It has passed over 1/4 century since the Fundamental Law of liducation was promulgated in 1947, and the popularization of education has been remarkable since that time. The spirit of its law, howewer, seems not to infiltrate so as the popularization of education. The Fundamental Law of Education was laid down taking the spirit of the report of the United States Education Mission to Japan 1946. The report said that the educational system of Japan should have been improved in accordance with the modern principle of education and the new system should be advanced by the educational principle of democratic society. In the 92 Imperial Diet, the Education Minister Takahashi explained that the educational declaration of new Japan took the form of a law as the symbol of its national agreement and it was the Fundamental Law of Education. But, for that declaration took the form of a statute law, free discussion in the Diet seems to have been disturbed and the bill passed without any amendment leaving many questions about its contents. The expression of the Fundamental Law of Education is so ambiguous that the present educational administration opposing the discentralization of education interprets its text against the spirit of its promulgation. Today, the centralization and officialism of education administration are steadily progressing in Japan and it seems serious to democratic education. The Fundamental law of Education should be amended to make the spirit of the law clearer.