Discussion About The Invasion Of Authority On Miners' Rights To Receive Education And The Way Of The Legal Redress

The education is involves the human mind the activity, person's disposition development is a goal in order to. The report of the 16th National Congress of CPC pointed out that, "The education is develops the science and technology and fosters talent's foundation. Has the forerunner overall situation function in the modernization, must suspend the status which gives priority to development." Is right to education is a social basic right, is the citizen culture right important content, moreover this right has decided the citizen other right realization degrees in the very great degree. The citizen in political freedom and the right and so on aspect opinion, publication, election realization degree, is decided by the degree which receives educates. The citizen also receives its education level in economical aspect a series of rights the restriction. " Right to education, what is natural realizes a person's extremely important right to development, this right true realization regarding the democracy, the legal system and the constitutional government has the great significance which cannot be underestimated, even to say, realization degree which educates since a social democracy, legal system, constitutional government degree of development symbol, also is the democracy, the legal system, the constitutional government society of strut stable degree test rating."Milton Friedman "Capitalism And Freedom" said it that,"The child receives the education not only is advantageous to child or the guardian, moreover in the society other members also can profit, my child receives the education because can promote one by one stable and the democracy society is helpful to welfare." Namely not merely will receive education myself from to receive educates profits, the community entire society will even profit. If does not provide the elementary education to have the huge negative effect. "May say that, constructs several schools with little to construct several jails to have the relations which is connected."The public authority represents the country and the government must positively take that, safeguards the right to educate to be able smoothly to realize, because it has contained the duty and the responsibility. But the recent years, minors'right to education is suffer form violation: weak groups accept the compulsory education, education fairness, education resources and so on. Is the minor right to education to say that, the public authority achievement and did not take creates the right infringement fact has the many kinds of situations: For instance about education system interior compulsory education and higher education investment ratio question; the establishment law is imperfect; the investment education funds is whether sufficient and soon the question. The male authority first is educated the power the tendered and the safeguard, is reasonable and fully uses these authorities is guaranteed the citizen is educated the power realization the premise. But certainly is not the right which all laws entrusts with all can obtain the unimpeded realization, otherwise the legal relief has also lost the significance. The public authority and the minor are educated the power because respective attribute different: The public authority is in the policy-making leadership the status. But is educated the power is led obeys the status. Defends the benefit differently the way also: When the civil rights strength main body rights and interests suffer the violation, the relief way is very many kinds, but is educated the power main body only to be able through the certain procedure waiting authority main body solution. The citizen is educated power its basic connotation, the right which must be refers to the citizen to have is deferring to which the country educational system to conduct the school and other educational institutions goes to school. Therefore, encroached upon the minor to educate the power always at that time to face with minor's specifically goes to school the opportunity to relate in together.The different nature legal relationship to the main body right and the duty and the hypothesis is dissimilar. The school in the implementation education teaching, the education administration has the twofold role, not only is the civil main body, and is the administrative main body and the administrative relative person, therefore it both has the civil right in the right disposition, also has the administrative authority. This administrative authority is "the male authority" a performance aspect. It has the possibility to violate the minor to educate the power. This article apply theory to reality, is divided four parts to elaborate the public authority to educate to the minor the power the violation and the relief way.The first part is the public authority and the minor is educated the power the limits. The summary introduced the public authority and the minor are educated the power the content. Is educated the power is the rights of citizens one kind, is clear about is right to education is must receive the protection, inviolable.The second part is the public authority is educated to the minor the power the present situation analysis. Mainly from the education funds question, the system design aspect, the related policy aspect, elaborated the public authority possibly can educate to the minor the power to create the violation.The third part theoretically discussed the public authority with the practice in to educate to the minor the power violation the reason. In the practice, the civil rights strength mainly violates the minor through the school on minors'rights to education.The fourth part is the rules and regulations public authority, which safeguards the minor to educate the power. Establishes a set to be complete is receive education mechanism; The minor consummates our country which through the legislation is educated the protection system; Sets up one kind of new system; Is this part of elaborations content.