On Constitutional Protection Of Civil Right To Education

The issue of the civil right to education has become the focus of attention from all walks of society. And the Constitution being the fundamental law, it ought to be the most powerful shield to protect the civil rights. Though the citizens are provided with the right to the education by the constitution and relative educational law, the incidents of infringement of the right to education can be seen sometimes in social lives. The intention of the dissertation is to pursuit how to promote the faction of the constitution as it should be and construct the concrete legal system to protect the right to education adequately and our country's present institutional dimension. The article consists of the preference and the body and the body is made up of five chapters. The preference describes a typical case to show the right to education has become a heated topic and guides the readers to ponder over the issue from the angle of the constitution. Chapter I introduces the conception and the history of the development of civil right to education. Through the characterization of the two periods of the right to education and the nature to the right, the definition of the right is exposed and we also introduce the history of developments in some major countries in the world and in our own country. Chapter II probes the value of the right to education. Based on Chapter I discussion the dissertation analyses the basic values and core values of the right to education discourses upon the relation between the equality and the right to education systematically in a theoretical way, the embodiment of the right to education and the existence and development, with lots of positive materials the important influence the right to education plays to the human existence and development is proved. Chapter III details the legal system guaranteeing the right to education. The degree how the right to education is realized determines the degree how the rights to politics, economy and labor are realized, so it is necessary to protect the civil right on the constitutional level. The chapter first analyses the function of the Constitution, protecting the right to the education of policy and constitution consignment function, then the legal system of protecting the right to education in the way of legislative, administrative and judicial way. Chapter IV analyses the choking factors in the realization of the right to education. Through the historical and realistic method, the factors, which hinder the realization of the right to education, are pointed out. Chapter V mainly conceives the concrete system to protect the right to education. Firstly, the suability of the right is discussed. Secondly, after the suability of the right to education is confirmed the approaches of judicial remedies are discussed. Judicial remedies have two doctrines, the doctrines of indirect application and the doctrine of obeying concrete laws. The citizens can pursuit the constitutional remedies after the exhaust of the remedies of the concrete laws, the way of administrative action; civil action and the constitutional action are probed. Further more, after deeply probing the country's present political and legal institution, the concrete system for protection the right to education is presented. It is suggested that a compound mode which consists of the Constitutional Commission, the Supreme Court and the local high people's court. The necessity and feasibility of the mode is analyzed.