Right To Education, Legal Relief System Study

This paper, absorbing fully domestic and international related theoretical research accomplishment, taking constitution and educational legal regulations as well as related cases as major source material, and adopting comparison and method of historical and positivism analysis, studies the legal remedy system for right to education from multi-angle of constitutional law, administrative law, ethics and sociology and seeks to establish and perfect the legal remedy system for right to education. Basing on the discussion of the basic intension of right to education, this paper discusses further ways and obstacles of realizing right to education, studies emphatically on theoretical and practical problem of the remedy system for right to education, and constructs a complete system of remedy system for right to education keeping a foothold on the educational purpose and mission. This is the research focus and key problem of this paper, and is also a theoretical and practical problem which needs to be solved urgently yet hard to solve as well. To probe into it systematically will offer for the educational legislation, law enforcement and administration of justice of our country the suggestion and opinion that can be referred to, and eventually will have significant theoretical and practical meaning for realizing and guaranteeing the citizens' constitutional right to education.The full text is formed totally by 3 parts, more than 50000 words. The following only elaborates the major content of the article.Part I, A probe into right to education and its realization. firstly, mainly discussing the basic intension of right to education, it will be discussed and developed in the following four aspects: the concept of right to education; the nature of right to education; the content of right to education; and the historical evolution of right to education. This paper considers that the realization of right to education should be ensured by a legal system that leads by constitution and takes educational law as a main body, so to realize the right to education by the way of constitutional rightand general legal right. However, there are various obstacles the course of realizing of right to education, including theoretical obstacles and practical obstacles.Part II, A reasonable analysis on the legal remedy of right to education. Firstly, discussing the constitutional foundation and jurisprudence basis of the legal remedy of right to education, expounding and proving the relations between right to education and constitutionalism, point out the theoretical foundation of right to remedy. At the same time, from the angle of jurisprudence analyses the legal principle on which remedy for right to education is based. Secondly, studying the remedy system for right to education of China and foreign countries by comparison. Mainly compares them on the legal level, so as to get strong support for building up our remedy system for right to education by referring to useful experience of foreign countries.Part III, Consideration on establishing and perfecting our country' s diverse remedy system for right to education and countermeasure for it. It will mainly analyze and prove how to construct a complete system of remedy for right to education, this is the key part of the paper. Firstly, reasonably considering on the establishment and perfection of our diverse remedy system for right to education, analyzes and proves the necessity and possibility of the establishment and perfection of our diverse remedy system for right to education. At the same time, through the investigation and consideration of aim of education and task of schools in our country, put forward that the establishment of the remedy system for right to education should base on humanism, reflect humanistic care. Secondly, construction of diverse remedy system for right to education our country, including remedy system by litigation and remedy system not by litigation. Among them the key point is to establish education arbitrary system, so to seek system support and foundation of standardization for appeal of students, build up a just and procedural solution mechanism for educational disputes.