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Legal Protection of Citizen’s Right of Education

Author: AnGuang
Tutor: MaXinFu
School: Changchun University of Science and Technology
Course: Constitutional and Administrative Law
Keywords: Right to education Legal Protection Constitutional Litigation
CLC: D921
Type: Master's thesis
Year: 2010
Downloads: 258
Quote: 1
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Abstract

Right to education is a basic right of our citizens, both as the "World Declaration of Human Rights," "Economic, Social and Cultural Rights" and other international covenants on human rights recognized and guaranteed the fundamental rights of an important social, but also most of the countries the constitutional rights of the Constitution, which country, the nation’s development closely, closely related, as the basic law of the constitution must regulate them and protected. The author analyzes the Constitution as perspectives on the legal protection of our citizens the right to education were discussed, the article is divided into four parts.Overview of the first part of the right to education. The right to education through the different theoretical concepts in order, summarized the concept of a right to education, attributes, characteristics, and value the right to education ontological argument. This part constitutes the cornerstone of entire article. Discussion of the right to education needs to issues of communication and dialogue between the concept of the right to education, right to education, basic properties, the characteristics of the right to education as well as the existence of the value of the right to education. First, the author defines the concept of the right to education in the analysis based on a variety of theories from a constitutional point of view that the so-called right to education refers to the requirements of state law citizens have actively provide equal conditions and opportunities for education in order to protect citizens survival and development of the fundamental rights of equality of opportunity. Secondly, the concept is summed up the fundamental attributes of things, by the definition of the concept of innuendo out of the properties of the right to education, right to education is an important human rights is a fundamental constitutional right of citizens, due to the connotation of the numerous education complex, making the right to education shows diverse properties, but the contrast, I tend to think that the right to development is its most fundamental attribute. Again, I was also discussed from a number of scholars, pointing out that the right to education a number of features, these features from different perspectives to describe the right to education, hoping to clearly outline the contours of the right to education. Finally, the writer-based theoretical analysis, literature and historical research methods both draw the important value of the right to education, namely, values of equality and the all-round development value.The second part describes the implementation of the right to education of citizens and legal protection of the status quo. First introduced the right to education in China’s implementation of achievements. From a theoretical point of view, not only made our Constitution the right to education-related provisions, but also in other laws, regulations and local regulations also reflect the relevant provisions of the protection of the right to education, and from the practice has also been made in terms of the great achievements. That some of the most important thing is the legal protection of our citizens the right to education problems and the realization of the right to education of our citizens the protection of the law lagging behind the cause of the analysis:First, the right to education inequalities still exist; second is the physical protection of the right to education is not sufficient; three legal system, education system is not perfect; Fourth, the right to education in the supervision of the implementation process, relief mechanism is not sound.The third part is the right to education of foreign citizens the legal protection of comparative studies. Against the common law and civil law countries such as the legal protection of citizens the right to education in all aspects of a comparative study of China’s derive some of the inspiration:First, the emphasis on education legislation, establishing a comprehensive legal system of education; Second, the emphasis on education, law enforcement, the establishment of a comprehensive law enforcement supervision system of educational administration; and finally pay attention to the equal protection of the right to education, the establishment of a complete judicial relief channel.The fourth part is the right to education to our citizens the legal protection of sound research. According to the above theoretical analysis, interpretation, evaluation of contemporary Chinese legal norms and institutions the right to education, and in the study, to explore and through national comparison of China the right to education on the basis of the history and reality and put forward to solve China’s right to education, legal protection of the legal thinking. Improve the legal protection of the right to education content and play the premise of the constitutional rules to protect the right to education right to education under the legal protection of our sound recommendations, focusing on analysis of the legal protection of legislation to protect the right to education, administrative protection and judicial protection of theTheory.

Legal Protection of Citizen’s Right of Education

Abstract

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