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On the Right to Education

Author: HuoHongXia
Tutor: YaoJianZong
School: Jilin University
Course: Legal Theory
Keywords: The right to education Human rights Right to relief
CLC: D921
Type: Master's thesis
Year: 2004
Downloads: 698
Quote: 4
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Abstract


In this paper, the theory and practice of human rights perspective, on the basis of the theory of the right to education research in the field of law at home and abroad to fully absorb and draw on a wide range of related disciplines such as sociology, economics, education, political science research, history visits, comparative studies, empirical analysis, valuation method, the right to education-disciplinary study of legal theory, and some preliminary conclusions are drawn based on the results of the study. By positioning the basic rights of property on the right to education, the define complex content system, the basic value of its era steering problems of the general theory of systematic, theoretical discourse, to clarify the confusion in the understanding of the right to education to improve the understanding of the meaning of the right to education, strengthen the responsibilities of the national protection of the right to education, the promotion of the right to education of our citizens be fully realized. Around the purpose, made the following structure content arrangement: the first chapter, the basic theory of the right to education. The chapter focuses on the nature of the right to education, the content and the right to education, the right to education, basic value of its era steering, which laid the foundation of the right to the full text of the theory keynote. First, the nature of the right to education, the right to education, basic attributes, namely, first, the right to education is a right, and secondly, the right to education is a basic constitutional rights Finally, the right to education is at the same time belong to the three generations of human rights layers of depth detailed exposition of the basic constitutional rights and deepen our understanding of the fundamental nature of the right to education. Secondly, in the content of the right to education, the basic content of the right to education, the structure of content, that is, the right to education system content of the right to education and the \a comprehensive analysis of the logical aspects, to deepen the understanding of the content of the right to education, and provides a theoretical basis for the right to education, research from an ontological perspective. lt; WP = 64 gt; once again turning in the right to education a fundamental value of its era, drawing on sociology, economics, education, the latest research results, respectively, from two different angles of the social, personal elaborated the importance of education significance, especially in the era of knowledge economy, the importance of education and have become increasingly prominent, therefore, must reflect the freedom and right to equality law basic value model to ensure the full realization of the right to education, with particular emphasis on equality in the right to education, the value of core position in the system, on this basis, the right to education, the value of rational era turned to the people that the right to education, the right to run as an end rather than a means; from the preference of the interests of the community and the country Go to the attention of individual rights up, in order to truly meet the ultimate value of the right to education and the ultimate goal of human education career, the promotion of human freedom, equality, and comprehensive development. The second chapter, the historical development of the right to education. Recalling the history of modern Western society and social right to education, to show the right to education in domestic law from some of the privileges to citizens of universal and equal legal rights \The logic of development, to show the right to education in international human rights law from the provisions of the general provisions of international human rights law to specific international human rights law, from the general protection of the right to education for the average person to the special protection of the right to education for special groups the development process. Chapter III, the realities of our citizens the right to education. First, starting from the basic theory and meaning of the system, the main highlight from the right to education, the right to confirm the system, the right to run the system and the rights of relief system three rights generation \arrangements. In addition, \Secondly, through the analysis of the corresponding responsibility of the Government to protect the right to education as citizens of their basic constitutional rights, pointed out that the main way to achieve our citizens the right to education is the countries actively provide equal conditions and opportunities of education. Finally, the analysis of the shortcomings of the rights of our citizens the right to education systems and institutional arrangements, especially the analysis of the main problems in the protection of the right to education legislation and educational administrative safeguards. lt; WP = 65 gt; fourth chapter of our citizens the right to education development and reform. According to the general theory of the right to education and historical trends for the main problems on the right to education, protection of education legislation, administrative, judicial, and the reality of social life in the case of the right to education, emphasizing the standard of right from the law the rule of law awareness seriously the core position of the right to education in the legal system of education, the obligations set around the right to education and the power division of labor, the real implementation of everything for the right to everything from the right to the institutional arrangements. In this regard, respectively, from the ex-post protection of the integrity of the system of the perfection of the system of rights and administrative protection of our citizens' right to education and the ante system to protect our citizens the right to education, the right to relief system improvement and reform of the right to education preliminary recommendations. With particular emphasis on the full range of judicial relief system to address violations of the right to education of the different nature of the behavior of different subjects, and gradually improve the country's civil action relief system, and gradually establish a system of administrative litigation relief system of constitutional litigation relief.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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