Study Of The Issue On Remedy Of Right To Education

A citizen's right to education is a fundamental right stipulated by the law. As it is, the right is not only a guiding article provided by the fundamental law, but also it needs concrete policy and legal guarantee to protect it. The need that the interests of the main body of right can be backed by the state mandatory measures as a system is where the power of right comes. Based on the above thinking, the author puts forward and proves a basic topic---the remedy of right to education is the active responsibility of the central government, and also the unavoidable legal obligation of the state legal guarantee.The proof to this basic topic consists of eight chapters.Chapter 1 begins with the defining and significance of the issue of remedy of right to education, raises the theoretical value of the topic, and analyzes the current existing problems of this topic. Then, it introduces the multiple theories , on which it further analyzes the two pairs of core concepts of right and remedy of right, and right to education and remedy to right to education in their connotation, nature and type. This chapter sets up an ideological framework of related concept and system for study.Chapter 2 is the analysis of the history and development of remedy of right to education. It emphasizes the time background in which the problem of remedy of right to education occurs nowadays. The author holds that the occurrence is the product of social transformation, the consequence of division and reorganization in education and the outcome of the timely reform of governance and citizens'awareness of their right.Chapter 3 introduces the modes of remedy of right to education in countries and regions of different legal systems. Its purpose is to provide good use for reference for the establishment of remedy of right to education with Chinese characteristics in our country.Chapter 4 is the answer in political science to the right to education from the angel of political science. The author thinks that right to education is also a political right. As far as the government practice in the citizen's right to education is concerned, it has gone in the process from the state standard view of power to that of compulsory education. Meanwhile, the author clarifies the political significance of right to education.Chapter 5 analyzes the legal structure of remedy of right to education and expounds and proves the principle of remedy of right to education, the result of which are the choices of solutions to the remedy of right to education based on the different legal relationship of education. Chapters 6-8 are the main body of this dissertation, in which the system establishment of remedy of right to education is expounded. If the first five chapters deal with some theoretical and basic questions on remedy of right to education, the author will lay stress in the last three chapters on how to put remedy of right to education from theory to practice. The author believes that the establishment of administrative remedy system starts with the analysis of relationship between the citizen's right to education and the government responsibilities. After analyzing the two kinds of administrative actions (concrete administrative action and abstract administrative action), the author puts forward the framework of the administrative remedy of right to education. The administrative remedy system depends largely on the government's active action, and belongs to the constructive category of government responsibility. While the establishment of legal remedy system, the author believes, should be built up in the forms of legal remedy system as constitutional remedy, administrative lawsuit remedy and other forms of remedy after he analyzes the possibility of lawsuits against right to education and many a case of such lawsuits. Legal remedy needs all the more creativity of judicial departments in judicial remedy system.