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From The Perspective Of Constitutional Law,Research On Mechanism Of The Right To Receive Education

Posted on:2017-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:M J CaiFull Text:PDF
GTID:2336330488972133Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the implementation of the constitution more and more attention from all walks of life,the right to education as an important part of the constitution,which can be realized the importance of the implementation of the constitution is self-evident.If the right to education is the content of the constitution to carry out smoothly,the most critical is the study of the mechanism of the realization of the right to education.Because the implementation process of the education right in reality is the operation process of the constitutional relation of the right to education,so it is very appropriate to construct the system of the right to education in China from the perspective of constitutional relation.Construction of the right to receive education realization mechanism has important significance,but the mechanism of construction is also confronted with many problems,mainly including:lack of accurate constitutional relations between the subject of rights and obligations of generalization,the right to be educated,definition of fuzzy,right to education type analysis of the absence of the connotation of the right to receive education.According to the needs of the realization mechanism of the right to education,this paper is divided into four parts,the specific contents are as follows:The introduction part of this paper is to determine the right to education from the perspective of research.First,on the core issues of our country current education field,induction summary of previous academic mechanism of the academic achievements of the right to education,and on this basis to identify the defects of previous studies,so as to establish the constitution relationship perspective to study the right to receive education implementation mechanism.The first chapter of this article explains the connotation of the right to education from the perspective of norms.Constructing the mechanism of the realization of the right to education is of great significance.However,the construction of the mechanism is also faced with a lack of accurate summary of the connotation of the right to education,the definition of the legal relationship between the right to education and the educational obligation,the absence of the operation of the targeted Technology and other practical difficulties.According to the need of constructing mechanism to realize the right to education.Firstly,on the basis of the constitutional text,using the "duality" of the principles of constitutional law for the standard interpretation of my country and the right to receive education,In order to provide the basis for the construction of the mechanism of the right to receive education.Then combined with the jurisprudence theory,using the method of "power structure" to excavate the right noumenon and legal relationship of the right to education In order to provide the legal basis for the construction of the technical mechanism of the right to receive education.Then,on the basis of the right to receive education normative interpretation and the legal principle theory of law analysis,the right to receive education are classified,the education rights can be divided into "single and complex","basic and non basic style of education right.Finally,the fourth chapter,according to the type of the right to education,respectively,in the political sovereignty system and governance system,constructing the technology mechanism of the right to receive education.The formation of the right to education "basic and non basic" two yuan style of the mechanism.
Keywords/Search Tags:right to receive education, mechanism, realizing the right to receive education
PDF Full Text Request
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