Research On The Right To Education Of The Citizens

The right to education is one of the fundamental human rights and constitutional rights, which also is the important premise of existence and full-development of human being. Reaching the legal age and ability to accept education, every citizen has the right to learn culture, technology and science through all kinds of educational equipments and ways.The right to education is one of the fundamental rights to elevate the citizen's ability, which is related closely to people and nation's development. As a result, with the development of society, the right to education was paid more and more attention. Being a citizen's right, the right to education needs security which is provided by the nation; for the nation, the right to education is the obligations of people as citizen in the name of the phrase of compulsory education, needing aid provided by the nation.Since the reform and opening up, our country's economy has been developed steadily, the educational legal construction has achieved prominent efforts and the legal environment of realization and security of the right to education has been improved. But there are still some defaults. The article is divided into four parts. In the term of the complexity of legal system of the right to education, it is necessary that some problems related to the right to education should be demonstrated. The first part demonstrates the theoretical issues, the positive law of the right to education and the theoretically developmental phases of the right to education. Based on these demonstrations, the second part prospects the connotation of right to education in virtue of the content, characteristic, classification and concretely legal relationship of the right to education. The third part discusses the core idea ——the principle of educational equality by retrospection to historical development and analyzing connotation of the right to education. The last part brings forward the concrete solutions to how to advance the realization and security of the right to education, according to the status quo of right to education in China combining the related theories. Beginning from the related theoretical issues and depending upon the basic concept and general legal characteristic of right to education, the first part summarizes the historical process updating and deepening the connation of right to education in the perspective of both positive development and theoretically developmental phases of right to education. The legislation of right to education has experienced the process from the generally legal regulation to constitutional rights and international human rights. The theoretical phases of right to education also went through from free right phase, to social right and developmental right phase. The second part explores the connation of right to education in virtue of the content, characteristic, classification and concretely legal relationship of it. From the point of view of social development, the basic content of right to education is summarized. From the point of view of constitutional theory and structural difference of right, right to education takes on the duality of social and free characteristic, structural difference and the peculiarity compared to other basic citizen's rights. Based on the analysis of the peculiarity and according to the difference of nation's obligation to citizens, right to education can be divided into public, semi-public and civil ones. Based on the classification, from the point of view of the foundation of peculiar legal relationship, subject, object and content, the extent of autonomy of will of three kinds of right to education and the proportion of right to obligation are both compared. As a result, different kinds of legal relationship of right to education have been profoundly understood and comprehensively grasped. From the point of view of human rights, the fourth part summarizes and analyzes the idea of equality to educational right, which is the nature of human rights and the old idea of human being. The core of eq...