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On The Legal Remedies System For Rights To Education

Posted on:2007-01-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:L B FanFull Text:PDF
GTID:1116360185496415Subject:Principles of Education
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This paper deals with the legal remedies for rights to education— important theoretical and pragmatic problems in education law to find a new root for the education law's confirmation and development; to grope for a new paradigm from theory to practice for education law research; and to provide a theoretical basis for our country's educational legislation, execution and jurisdiction. Human rights, rule by law, personality and freedom are the essential values desired by people in modern society. "The law is to develop the human." Legal remedies for rights to education reflect human rights and rule by law in the educational sphere. Thus, it is an important mark of educational legalization.Rights to education are fundamental in modern society. To safeguard and realize these rights, most importantly, a legal remedy institution should be established. The remedies for these rights vivify it, investing impersonal "abstract right" and "dormant right" with vigor, to become "live right" and "active right." Moreover, these remedies lead to changing legal and educational ideas as well as relative institutional reform. They cannot be replaced by other methods including educational legislation. The U.S. Supreme Court struck down the "separate but equal" doctrine in Brown v. Board of Education of Topeka, 1954, which was practiced for a long time. This was the start of the second liberation of American black people, In 1995, the case for Qi Yuling's right to education called educators' and jurists' attention to protecting educational rights. They also named it the first case to prompt the Chinese Constitution juridicalization.In "Universal Declaration of Human Right" (1948), Article 26 (2) says, "Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. " Legal remedies system for rights to education is helpful to cultivate respect for human rights and to fully develop the human personality. Hereby, students are fully protected. The remedy is a process in which students indirectly take part in educational decisions and management, thus it is helpful to reform the bureaucracy and autocracy of schools and educational institutions, and establish the learning surroundings of democracy, freedom, and vitality. Freedom and discipline, characteristics and sociality always seem to be contradictory in education. Education is a process of human's socialization, and of his development. During these processes, the nation, schools, teachers, students, parents, even society itself have their own interests; therefore, it is inevitable to meet various conflicts. The conflicts can be resolved in time and effectively through the legal remedy institution, thus to maintain the normal educational order.The paper applies various methods such as reference, probe, visit, comparison, and case analysis. First, through statistics and analysis of bounteous cases of educational legal disputes, the author...
Keywords/Search Tags:education law, rights to education, legal remedy, system construction
PDF Full Text Request
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