On The Constitutional Character Of The Citizens' Right To Take Education

Bringing the right to take education into Constitution as one of citizens'basal rights was a historical trend. Chinese Constitution even used the combinable expression of right and obligation to make it a civil basic obligation as well. However, this might have put taking education into an embarrassing position:taking education becoming both the right and obligation to the same citizen at the same time. This misapprehension coursed a wild argument among academia. To this question, this essay firstly put forward that the right to take education should be protected by constitution, and should be regulated only as a civil basic right. Then, deeply as well as elaborately, the essay inspected and analyzed the course and the evolvement of the right to take education in constitutions, the jurisprudential analyses of the right, analyses on the character and the category, analyses on the practice of legislation. With these studies, the essay made the last conclusion that the right to take education shouldn't be an obligation to the citizen. It should be reverted to what it was originally, it's only referred to that citizens could enjoy the right to get help from the nation, and the nation burden the obligation to respect, protect, and fulfill it.