Study Of Citizen's Right To Education

Education is a fundamental business to a nation, concerns tens of thousands of households, benefits future generations, relates to national future, destiny and long-term stability, it is a vital issue which people commonly concerned, it plays a very important role in building a socialist harmonious society. We are now in an era of knowledge-based economy, the close relation between level of education and future development of the individual is a self-evident fact. There is no doubt that depriving of the right to education or infringing upon it will significantly affect development of the individual.Right to education, as a fundamental human right, has been confirmed and protected by a series of international human rights legal documents. The majority of countries in the world have confirmed the legal status of this right in their constitutions and laws. The same is true in China. From 1954 Constitution to the present Constitution, they all regulate definitely that citizens have the right and obligation to education. In 2001, the Standing Committee of The National People's Congress ratified the《International Covenant on Economic, Social and Cultural Rights》and promised solemnly to implement the responsibility of protecting every citizen's right to education in real earnest. But in reality, the situation is not optimistic. The inequality of right to education is very severe, and citizen's right to education can hardly be guaranteed especially at the phase of the compulsory education in western poverty-stricken areas.With the development of economy, culture and political democracy, education plays a more and more important role in human's life and political life. The realization of citizen's right to education relates to not only improvement of personal qualities, but elevation of national qualities as well, more over the survival and development of country.This paper, absorbing fully domestic and international related theoretical research accomplishment, taking international human rights law, constitution and education law/regulations as well as related educational practice as materials, studies the problem of the right to education from three facets: theory, regulations and practice. The central topic for discussion is that combining current situation of compulsory education in Chinese western poverty-stricken areas, discuss realization of citizen's right to education. The first part of this article is to investigate the basic theory of the rights to education, focusing mainly on the nature, the content and the basic value of the right to education, and to make an analysis and argument of it. It is concerned with the theoretical origin of mainstream opinion"the complex nature of right and obligation in the right to education in the school of constitution, the chaos of its structure and the danger of its practice, and makes a further research in two kinds of value of right to education---self-value and functional value. The second part concludes the basic content of right to education from realistic regulations, the responsibility and obligation of state as a subject of duty in the process of realizing citizen's right to education, and clarifies the extent of protecting right to education on the level of law. The third part based on the existing problems in compulsory education in western poverty-stricken regions, analyses the main conflict in compulsory education system at present, there is not only the reasons of citizens themselves such as poor and backward social ideas, but also institutional reasons such as inefficiency of national safeguards, and find out the way to break through this dilemma, on one hand, we should ensure realization of the right to education through policy instruments such as increasing capital investment, introducing talents and improving publicity; on the other hand, we should perfect education laws and regulations, establish and complete administrative and judicial security system of the right to education, to protect and realize citizen's right to education, to provide the referential advice and suggestions for legislation, law enforcement and judiciary in educational field, eventually, to securing and realizing citizen's right to education, especially the children's right to education at the phase of the compulsory education in western poverty-stricken regions.