The Research On The Rebuilding The Legal Remedies System For Rights To Education

The relief of citizens' right to education is the final barriers of protecting a citizens' right to education. In the relief system of the right to education,the right to education can get a effective protection possibly. The right to education system of legal remedies mainly refers to various institutions of legal remedy ,which formed a dynamic link between and orderly system. Many Western countries and China's Taiwan all have established a more reasonable citizens'the right to education system of legal remedies, and has made a good social effect in practice. However, in our country, the right to education system of legal remedies are far from perfect. we rebuild the relief system of the right to education systems, which is a top priority to the right to education ,as fundamental human rights.In our country ,the existing legal provisions,the relief system of the right to education is consisted of two main aspects , including the non-litigation remedies institutions and the litigation institutions. The non-litigation remedies instuitions which mainly include the administration remedy and the review remedy to right to education .At the same time ,the litigation remedies institutions are consisted of the education civil remedy institution, the educational and administrative proceedings remedy institution and the educational Criminal remedy institution. However,three obvious flaws lie in the various remedies institution .firstly, the purpose of legislation of the relief system is based on nativelism. Secondly, the education legislation is not complete. Thirdly, the remedies institutions are designed unreasonable. Both the theoretical reasons and the real factors which lead to the relief system of the right to education is not complete we should rebuild the relief system of the right to education as soon as possible.In order to strengthen the protection of the right to education ,in Oder to relief the right to education, the relief system of citizens'the right to education must be reconstructed in our country. To improve the relief of the right to education in our country, we must absorb and learn from the advanced experience outside .we must also accept the updated concept of the right to education on the basis of relief. From the status quo of the relief system of the right to education systems of in our country,we do the efforts in three areas. First of all, the existing non-litigation remedy institutions and the litigation remedy institutions of right to education should be amend necessarily;Secondly, the arbitration institution of the right to education, the right to education public interest litigation institution of the right to education and the right to education of constitutional litigation institution of the right to education should be consructed;Thirdly, to strengthen the specific right to education relief institution ,which is important to rebuild a systematic relief system of the right to education.