On The Relif Pattern Of Right To Education

In the current academic circles, since the Case of Qi Yuling, there are so many comprehensive multidimensional study and research on the fundamental rights of citizens to education. Many papers focus on the characteristics and the relief rights to education. But few scholars compared the relief model of the right to education of Chinese mainland with other countries and regions about it. Thought it,we can find the flaw of the relief mode,then resolve the problems of the present relief system.In this paper, to be introduced the abroad a typical representative of the country have formed their own characteristics in the mode of relief,then starting with the right to education, on the basis of merits, so as to find our citizens the right to education in the problems of relief system and the reasons. Compared with the above analysis, try to learn the more advanced experiencess from other countries and regions.so that we could build the relief mode with the national conditions of the right to education in China.The first study of the existing modes of the relief to citizens the right to education in major nation, including the common law and civil law countries. In the United Kingdom and the United States, citizens of the right to education and other rights, under normal circumstances are handled by the ordinary courts, the judgement in Canada will take the education of Final Appeal Tribunal, implementation of specialized types of cases by the specialized agencies of the judicial admissibility review . "Due to the impact of Roman law tradition, Germany, France, Japan basically followed the first relief within the education system then the model of judicial relief, there are different just in some special details. China's Taiwan region due to historical reasons, basically Germany and Japan followed the practice.The second part on China's mainland legal remedies on the right to education legislation and judicial status. With the existing model abroad, compared to the existing mainland China's relief model also is not perfect, because the legislation did not clear the cause of people's courts in the judicial ,then the practice of similar cases involving the right to education to take a different approach.The third part is described in order to uphold the constitution dignity, and protect citizen's right to education, China must build the relief mode above right to education. First of all in different stages of the relief that the school appeals, the arbitration, the stage of the proceedings, clearly the main types and their main duties. Secondly, has confirmed the violations, it is necessary to clear the main compensation and compensation methods, in order to achieve fairness and justice of the law. Finally, constitutional litigation to improve China's mainland citizens the right to education relief, including the administration of justice in the course of the trial staff to conditionally allow direct application of constitutional provisions to compensate for the existing legislative vacancies and when conditions are ripe, China's mainland set up specialized agencies of constitutional litigation, because of constitutional litigation is the constitutional life of the evergreen tree of the immune system, constitutional rights by the Constitution of the proceedings should be relief.