Studies On Disputes Of The Right To Receive Education And Legal Settlement Mechanism

Education is necessary for the building and development ofcitizen' s personality .It is also the source of strength forprogress of our country. Revitalization of a nation andprosperity of a country are all depended on education which isa consensus in all over the world. Recently, education in Chinahas made great strides. Because of limitation of educationresources and scarcity of relief mechanism, citizen s' rightsof education is often infringed by different subjects and cannot get relief. Paying much more attention to degree ofrealization of citizen' s rights to receive education andconstructing resolving mechanism in law are not only importantfor development of education, but also a major criterion ofsocial justice and fairness. By using positivistic analysis,this article is discussing theoretical and practical problemin disputes of the right to receive education, to research itcomprehensively and systematically.At the very start, from the point of the meaning andcharacteristics of the right to receive education, the articleillustrates the reasons why the problem of the right to receiveeducation becomes so serious. The reasons include the view ofthe right to receive education is formed, the function ofeducation is important, the resource of education is limitedand allocated imbalanced, the legal system of education isconsummated and citizen' s consciousness of the right to receiveeducation is roused. On this basis, through defining disputes of the right to receive education and classifying them, theauthor analyzes characteristics of different kinds of all thesedisputes. Furthermore, the author studies the advantages anddisadvantages of the recent ways of settling disputes of theright to receive education by combining with cases. Finally,the author advances ideas of to specific and diverse settlementmechanism.