Civil Liberty And Administrative Decree

Along with such educational events as Mengwu Tang and School Choice in Anhui, the Family Educational Rights become the focus of public attention and cause strong debate. In the Compulsory Education stage,pupils have to go to the nearest school and School Choice is prohibited. The goal of such measures is for a balanced development of education. But the expectation of their parents is to occupy higher quality educational resources for their children. Family conflicts with the state on the Education Right,and its core is the right to choose.First, analyse the conflict events between Family Educational Rights and State Educational Authority in order for their content and nature. Second,find out the reasons of the conflict from following perspectives as the State ,citizens and the relationship of Public Power and Private Rights.In essence,the conflict is just the one between public interest and private interest. Third,think about the solution of the state,local government,public schools and citizens.And learn from other countries. Finally,with the guidance of Administrative Law on the balance,make the range of Family Rights and the limits of State Authority clear, so that they can carry out their duties. Ultimately promote them to achieve the dynamic balance.The core of this view is: state power ,which is from civil rights and bound by it, should confirm and safeguard the civil rights realized. The decline of civil rights will lead to the alienation of state power. Therefore, in the Compulsory Education stage, the family should be made clear the specific content of their rights, while standardizing the State Educational Power. Free the Family Educational Rights.