On The Legal Guarantee Of The Right To Education

In there are rich research results in constitution, pedagogy and education law about the right to education research. However, regarding the current situation of the legal guarantee of the right to education research, there is still some defects and deficiencies in it. Therefore, it’s imperative necessity to perfect legislation and guarantee of law about the right to education. First of all, this article defines the basic concepts about the right to education, elaborates the feature and the constitution attribute about the right to education and illuminates the value of the right to education. Secondly, the current situation of the legal protection about the right to education was disused and analyzed to figure out problems existing in the law protection of the right to education in our country. Specifically, the legislative guarantee is imperfect; there are administerial omission and misfeasance act problems in the guarantee of the administrative law, and the impaction in helping system in the right to education. Thirdly, the current situation of the protection of the right to education in other countries was discussed, like in American, Germany and Japan. The mode of lawmaking, the administrative law enforcement supervision and the content of the legal guarantee in the right to education were discussed in these country in this article. We can draw activity experience in the study about the current situation in other countries, including the improvement of the education related legislation, to strengthen the education administrative law enforcement and supervision and to widen the channel of the judicial remedy of the right to education. At last, we should follow the principle of the supremacy of the constitution and the basis of to establish the authority of the constitution to improve the legislative guarantee, administrative guarantee and judicial remedy, so that to provide protection about citizen’s right to education. At the same time, our government should enhance the political and economic guarantee about citizen’s right to education. To cultivate the citizen’s right consciousness while improving the protection of the right to education,so as to realize the interactiong between two sides.