A Discussion On The Protection Of The Right Of Education-Reception

The right of education-reception is a fundamental social right which everyone shoud shave. Nevertheless, what is such a right? Is it a right or an obligation? Or is it both a right and an obligation? What kind of character does it contain? As a constitutional right, what is its effect? How should such a right be guaranteed and relieved? Such problems have been evoking heavy differences and fierce controversies home and abroad.What's a pity, people's deviation in knowledge and ignorance of theory usually lead to the right of the education-reception not being satisfactory in practical life. The kernel of this article in the protection of the right of the education-reception. Beginning with the notion of such a right and the clarification of the basic intension of such a right, the essay divides citizens' right of the education reception into three parts: the right of the acquizition of the education-reception opportunity, the right of the utilization of the education-reception conditions, the right of the acquizition of the fair assessment. And this is intended for people's correct understanding the properties and essence of the right of the education-reception. It is aimed to orient and explain the right of the education reception as a fundamental human right and constitutional right, affirm the properties of "the right", and provide the basis for the lawful protection of the right of the education-reception.In practice, the protection of the right of the education- reception follows the basic principles of the equality and humanism, And such a right is protected by substantive law and procedural law. In order to guarantee the realization of the right of further education reception, theauthor has made a set of legislative and judicial suggestions, The protection of the education reception by substantive and procedural law may be regarded as a guarantee of right in advance. Besides this, there must be a relieving guarantee after infringement upon the rights, a lawful relief of the right of the protection of the education reception. The writer, in terms of the practical analysis of the guarantee of judicial relief of the right of the education-reception, explore and discuss, a series of judicial relieving cases on the right of the education-reception, He also made some suggestions on the realistic approach to reinforcing the lawful relief of the right of the education-reception. As is included, it's supposed to set up the constitutional relief system of the right of education reception, the relief system by criminal law, improve the administrative relief system and the relief system by criminal law. It's suggested that the realization of the citizen's right of the education-reception be guaranteed and the steady development of the right of the education-reception be promoted. Thus, the right of the education-reception will be realized as "a right of people's existence as human beings." by (Declaration of Human Rights of the World)) , our constitution and educational law.