| In modern society, receiving education is a fundamental human right and constitutional right, which is one of important premises of human survival and free comprehensive development. A citizen at a certain age and with abilities to receive education has the right to obtain all kinds of knowledge of science and culture by education facilities and roads. Education right, as a basic need to enhance qualities and characters, is closely related to the development of the nation. Therefore, with the development of society, civil education right and legal guaranty must be one of the focal points in society .The provision has been made in the constitution that the right of receiving education is civil basic right and duty. In order that the education right be implemented, a series of educational laws and statutes have been made in our country. The Party and the government have placed emphasis on the education so that civil education right has achieved in great degree in recent years. As it is, from the process and present situation of the right being implemented, it has not well be pursued. Thus the author attempts to come to the point of contact that unqualities exist in the course of the right being implemented, that the legal system has not been completed and that matter guaranty is not perfect, and referring to the documents of the international laws of human rights and foreign educational laws and statutes, by touching some cases in practice and from economy, society, nature and partiality of related policies and directions analyses the causes that civil education right has not been effectively pursued in our country. The author also suggests that the guaranties of legislation, judicature and administration are in great need to advance the realization of civil education right in the hope that this shallow idea can evoke more valuable suggestions and catch the legislation's judicature's and administration's attention so as to lay firmer foundation of civil education right being implemented .
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