For The Class Of Disputes Of The Right To Receive Education Research

Education is the formation of civic values and personality, an important means in modern society to achieve social transition of critical self-realization and development, but also the citizens, but also is a source of strength for the country and the nation’s progress and development. Revitalization of the nation can not do without education, national development and prosperity rely on education, has become the consensus of the world’s governments and peoples. Since1978, the reopening of the system of education in China has achieved unprecedented development, but confined to limited educational resources and education, the legal system is not perfect and the imperfect legal relief mechanisms, citizens the right to education (educational opportunities and success opportunities, etc.) have been violated frequently from different subjects and can not obtain effective relief phenomenon abound. Among them, the citizens of the right to education disputes especially in recent years, triggered by an impostor school name dispute rights and the right to education, such as Qi Yuling case, Luo Caixia case, etc., caused widespread controversy society and the media attention and academia. Such disputes are what rights violated imposter should be relief through what channels, how offenders should bear legal responsibility, are the focus of our educational method requires research. Therefore, the right to education of citizens concerned about the degree of realization and build impostor school triggered the dispute settlement mechanism to education from the level of the law, thus ensuring the realization of the legitimate rights and interests of citizens, which is not only related to the degree of personal self-realization, and is a manifestation of social fairness and justice, an important part, to better promote the healthy development of China’s educational undertakings.In this paper, the meaning of the right to education, the right to education and the right to education disputes nature, nature and other basic theory, puts forward the status quo replacement class to education disputes-resolve disputes increased but numerous difficulties and further summarized by the replacement class disputes mechanism of the right to education, including the imposter’s aspirations for educational opportunities; presence of alternative educational opportunities to grab; are damaged replace those interests; dispute mechanism allowing four aspects. On this basis, the paper further on the nature of the right to education class impostor disputes are explored and defined on the basis of analysis of the relevant legal relationship dispute involves the replacement of the right to education class on an important aspect of the proposed research; against our country the right to education impostor class handling disputes, including litigation, non-litigation and other means, pointing out difficulties in dealing with similar disputes in our existence. Finally, this study puts forward some countermeasures and suggestions to prevent impostors replacement behavior, rationalization proposals from the state, school and educated three angles, so as to form an effective resolution mechanism.