On The Right To Education

This thesis regards human rights in theory and practice as its main view. On the basis of absorbing plentiful theories connected with the right to education in law and referring widely to study results in the relent fields such as sociology, economics, politics and education, the right to education is researched in jurisprudence by using the historical method of investigation, the comparative method of studying, the positive method of analysis and the value method of evaluating, and some initial conclusions are drawn. The thesis is aimed at clarifying the people's confusion in the consciousness of the right to education, strengthening state's protection from intrusion on the right to education, promoting realization of the right to education and deepening people's knowledge of the meaning of the right to education by systematic and theoretical exposition of the general theory on the right to education, namely by analyzing the fundamental nature, main contents, basic value and its transformation in new era of the right to education. Around such aims, there are four parts in this thesis. Its construction and contents are arranged as the following.Chapter one is an analysis to the basic theoretical problems of the right to education. The nature of the right to education, the contents of the right to education and the basic value and its transformation in new era of the right to education are mainly discussed in this part and the fundamental tune of theory of the full text is established.Firstly, in the part of the nature of the right to education, the fundamental nature of the right to education is discussed, namely, firstly, it is right, secondly, it is constitutional fundamental right, thirdly, it also the right in the three generation frame of human rights. By all of these analyses, our knowledge of the nature of the right to education is deepened. Secondly, in the part of the main contents of the right to education, the main contents of the right to education are discussed, mainly from the following: first, from the construction contents, second, from the system contents, third, from the meaning and logic analysis of the "right" itself. All of these analyses are aimed at deepening people's knowledge of the main contents of the right to education and providing the right to education with theory fundament from ontology.Thirdly, in the part of the basic value of the right to education and its transformation in new era, the importance of education is clarified from society and individual, especially, in the era of knowledge—driven economy. The equal and complete realization of the right to education must be guaranteed by the right model that embodies the basic value of law such as freedom and equality. Here, "equality" is emphasized especially in the value system of the right to education. Individual should be regarded as the end and not only as the means, the value of individual should be considered prior to that of the society and the state in the field of education so as to be more consistent with the last value of the right to education, namely, promoting people's equal, free and complete development.Chapter two is a review to the history development of the right to education in Western society and in Chinese society. It embodies the evolution of the right to education from "the privilege of some people" to "the citizen's general and equal right and duty", and to "basic human rights" in the national law and from "the norm in the general international human rights law" to "the norm in the concrete international human rights law", and from "the general protection for ordinary person" to "the special protection for special group" in the international law.Chapter three, the realistic state of the citizen's right to education in our country. Firstly, on the basis of the fundamental theory of "system", this part further observes the fundamental state of the legal right system arrangement on the right to education, especially from the system of affirmation, fr...