The Jurisprudence Research On The Judicial Remedy For Right To Education

The judicial remedies for right to education is the most important system, because it is complicated of the relationship and the content of the right to education, it is multiple on the judicial remedy path. But different paths on judicial remedies have its scope and limitations. So it is necessary to know the theoretical basis and practical situation, which can help to protect the full realization of the right to education.First of all, the right to education is a basic civil right. Although there are several theories of its nature, it is reasonable to determine its nature to be learning right. Equality, freedom, and human rights constitute the main content of the value of the right to education. Equality is the basic value of the right to education. Freedom is the core value of the right to education. Human right is the ultimate goal of the right to education. This is the foundation of the judicial remedy of the right to education.Second, every judicial remedy has its own characteristics and functions, and there are many problems which need to be improved. On civil action path, it is not sufficient to protect the right to education, because it only contains education dispute which happened within civil subjects. Administrative proceedings as a path need to solve its scope of cases and the legal status of school and other issues. Criminal suit is a additional means. The lack of constitutional remedy leads to constitutional guarantees of the right to education can not be achieved.Therefore, it is important to establish administrative proceedings and constitutional remedy, according to the practical status of the juridical remedy of the right to education.