Administrative Relief On The Right To Education

The citizens' rights to receive education in the field of jurisprudence have been deepened recent years. In general, the study of basic problems on the definition, character and value of RRE has been systematized, while because the system of remedy for the RRE isn't perfect and systematic in legislation and theory, it's hard to gain remedy when infringement of the RRE occurs. This text makes an attempt to study the AR of RRE based on the analysis of basic problems on the RRE in the hope of throwing some light on theory and practice.The text expounds the definition, character and content of the RRE from the view of noumenon in the first part. The RRE is fundamental right of citizens, which belongs to CR naturally and law power concretized by the law of education, consisting of "opportunity right of education" " condition right of education" "success right of education" and their subsidiary rights.The remedy of the RRE mainly depends on AR on the condition of the lack of constitution remedy in China. AR of the RRE is the general term for remedy law system directing against administrative power infringes the RRE, which abides by five principles, for example, the principle " Own right, enjoy remedy". No matter as CR or law right RRE can be prosecuted. The subjects of administration involve administrative department and public school.It is necessary to make the relationship on law between student and school clear to study AR of the RRE, which can be indicated by the theory of " Special power relation" and "Educational contract relation". The relationship between student and school is mainly educational management one, also a special relationship of administrative management. In order to keep the balance between the power of educational management and student' right to receive education the power of educational management must be restricted by principle of fundamental right, principle of law retention and principle of judicature ultimatum, management effect for students in school insists rational and legal standard, moreover, right of punishment should be performed legitimately.The AR of the RRE ruled by law in China can be fulfilled by means of appeal, administrative reconsideration and administrative litigation. However, in view of the poorpractical condition in China it becomes an inevitable and necessary requirement protecting the RRE to establish the SAR, in which hearing prbcedure provides remedy before and during the case. Student's appeal and administrative reconsideration of education are fore procedures of administrative litigation, meanwhile, administrative litigation of education is the final approach of administrative remedy of education, besides it necessary to establish arbitration system of education to resolve special issue and establish remedy system on educational administration to pay for material and mental loss caused by infringement of the RRE.The text follows Marxism materialist dialectics , historical materialism and applies methods of historical analysis, comparative, case analysis and integrating theory with practice, ect...