On The Legal Protection Of The Equal Rights Of Higher Education

The equality of Higher education is a basic civil right given by the Constitution, an important part of the right of equality, as well as the content of equal right to education. The concept of the equal right to education originated in ancient Greece, after World War ?, with the economic revival, political democratization, social fairness and justice investigation cases, the problem of the equality of higher education gradually came into people's vision and got great attention. Scholars at home and abroad made different understandings for the equality of higher education, calling for equality while acknowledging the principle of reasonable difference. The equality of Higher education has double properties of human and civil rights, and it has profound theoretical basis and legal basis.China's higher education develops rapidly, but the right of equality is becoming more and more serious, being a prominent problem of China in the issue of social fairness in the framework in transitional period. The reason of the right of the equality in higher education appearing unequal phenomenon in our country is mainly reflected in the aspect of legislation, the Constitution and the law and administrative law not providing educational equality expressly, leading to the problems in legislation of equality in higher education imperfect, system incomplete, and lack of operability; in administrative law enforcement, as a compulsory subject in the state, financial capital throws inadequacy, the imbalance in the distribution; not creating a fair competition environment and lacking effective performance of higher education compensation obligation; in the judicial relief, defecting legal relief system, leads to rights of equality in higher education not being protected.This paper, on the basis of the effective results of equality in reference to foreign higher education, should be done in three aspects, perfecting all aspects of the educational legislation; the government the fulfilling the corresponding obligation and perfecting the judicial relief system to alleviate the right of equality in higher education in the field of higher education in our country, to promote equal rights improving.