On Constitutional Protection Of The Right To Receive Education

Combining theory with practice, this paper makes a study of the constitutional protection of the right to receive education in three aspects by comparing various relevant experiences all over the world. The first part, above all, talks about the basic theory of the right to receive education. Beginning with its theory, the thesis introduces aspects of the theory, namely specific rights and functions, analyzes its properties and features and concludes with its basic nature. Furthermore, the paper also makes a comparative study of the right to receive education, compulsory education and other rights in hopes of discussing their influence on the realization of the right to receive education. Finally, the paper comes to the inevitable conclusion that the right to receive education ought to be written into China's constitution. This is proven by the analysis of its economic, political, cultural and academic backgrounds. The second part deals with the comparative study of the right to receive education. First, this part lists and compares their features on how to protect the right to receive education in the constitutions in Japan, the USA, South Korea, Cuba, etc. Then, the author summarizes common construction of the systems behind the constitutional protection of the right to receive education. Finally, this part describes the protection of the right to receive education in international human rights law and regional international human rights law. The third part analyzes the construction and practices of the system behind the constitutional protection of the right to receive education in China. In combination with the present situation of its constitutional protection in China, this part will put forward the suggestions and proposals on how to establish and improve the Chinese system behind the constitutional protection of the right to receive education in legislative, judicial and administrative realms. At last, this part also discusses the issues behind the protection of the right to receive education in the typically weak community such as the children of the population on the move, women and children of minorities and the like, while trying to also bring forth some feasible resolutions to them.