Arguments On The Judicial Relief Of The Educated Right

We've reformed and opened for more than 20 years, with the remarkable enhancement in Chinese's legal concept and right consciousness, people's demand in right consumption is larger and larger, especially in the educated right. For education plays more and more important role in economic development, politics& democracy and cultural construction, as well as the coming of the economic age, to receive education has already been an indispensable way for social members nowadays to exist and develop. And the purpose of government existence is to ensure that people can enjoy these inalienable human rights. On 28th Feb, 2001, the National People's Congress Standing Committee ratified《International Convention of Economic, Social and Cultural Rights》, Chinese government solemnly promised to safeguard practically everyone's legal obligation and duty of the educated right. Thus it can be seen that the educated right is not only an important right with which the constitution endues people, but also an important demand from the international convention to our government. Therefore, to research and discuss the theoretical and practical problem of the educated right has been the important and difficult question, especially, the research of the educated right relief arouses academic circles'much attention.This essay tries to analyze the specific ways of our national educated right relief in terms of legal basis, its actuality and feasibility by the logical structure which increases progressively.First of all, as for the legal basis, this essay introduces the general rules of the educated right relief. On one hand, they are the relief mechanisms from distinct countries in the world. The educated right relief is the ultimate guarantee for the right to realize, which is different for different countries have different legal traditions, techniques and structures. In terms of the subjects, the relieves can be from the legislative organ, the administrative organ, and the judicial organ, of which the judicial organ relief is the most effective one with the most frequent use, as well as the final guarantee.