Research On Our Citizens' Right To Access To Higher Education

Right always is the goal people pursue, the realization of citizens'right to access to higher education is an effective way of social development and individual quality promotion. Martin Trow's higher education development massification theory showed that, in the massification stage, receiving higher education has changed from either the talent or the minority's privilege who own good family background into certain people's right. Our country's law has determined receiving higher education as a legal right, and proposed a series of safeguard measures. The right realization, however, is a process which develops gradually, in such process, presently; many problems need attention and solution.This article is divided into four parts; the first part is the preface, mainly introducing the significance of this research, the present research situation in this domain, and the research planning and the methods. The second part defines the concept of right to access to higher education and related ones, and elaborates the characteristics and content of our citizens'right to higher education. the common characteristics include: legal regulation of right, the equivalence of object, the exclusiveness of higher education opportunity, the instability of right realization, in addition , the specificity and universality of object, and the imbalance of right realization in present stage of our country. According to time order of right to higher education development, its content consist of the higher education opportunity right in the initial stage, the higher education condition right in the process stage and the fair appraisal right in conclusion stage, which compose the integrity of higher education right. The third part has studied the safeguard of our citizens'higher education right, and it elaborates our citizens'higher education legislation safeguard and the administrative enforcement, taking our country's current educational legislation and the related international human rights document as a background, taking the right safeguard as the breakthrough point, and taking safeguarded in anticipation as the main research line. The fourth part has discussed the relief of our citizens'higher education right, which analyzes the feasibility of judicature relief to higher education right, and which, with concrete cases, analyzes different relief ways when higher education right is violated, and finally which proposes how to consummate the new channel of relief system.