The Study Of The Legal Issues About The Right To Education

A hundred years account greatly, educating is originally. Education is a very important issue in various countries since ancient times. It is an important way to improve the national quality and enhance the overall strength of the country. China has basically completed the work of the popularization of compulsory education, In order to ensure citizens can have equal access to education, China began to focus on the improvement of the quality of education and the balanced development of education.Parents also began to pursue higher quality education and expect their children can enter a great university. The national policies and regulations that ensure balanced development of education and parents' requirements of higher quality education inevitably lead to contradictions: China maintains education fairness by administrative force, that parents or other legal guardians should ensure school-age children and adolescents accept compulsory education in schools. However, the citizens believe they are entitled to choose the most suitable method for their children's education, including the decision whether their children should go to school, to private schools or public schools and to which public schools. “Meng Mutang”case in 2006 has reflect this contradiction. “Meng Mutang” was stopped twice, but the case is still in debating. Therefore, a series of legal issues involved in “Meng Mutang” case are still worth exploring. The author analyzes the “Meng Mutang” case and discusses the right to education, then finds out the crux of the case is the contradiction between the state educational authority and family educational rights. On this basis, the author puts forward reasonable proposals of this case by combined with the theory of administrative law and the foreign countries' measure on the state educational authority and family educational rights. The paper provides support for citizens to enjoy the right to education equally, achieve better protection of citizens' right to education, and makes education has real impact. After clarifying the above issues, the author defines the attitude of “Meng Mutang” case and expresses the confidence of the development of education in China.This paper is divided into six parts:The first part is an introduction, describes the background of the case.The second part introduces “Meng Mutang” case and analyzes this case,then talks about the flashpoint and the legal issues on “Meng Mutang”case.The third part analyzes the right to education,state education authority and family education rights.The fourth part analyzes the conflict between state education authority and family education rights.The fifth part is the author's recommendations to deal with the contradiction between the family educational rights and state education authority on the basis of the summary that foreign countries' measures on family educational rights and state education authority.The sixth part is the conclusion. By the analysis of “Meng Mutang” case, the author believes “Meng Mutang”teaching mode has certain rationality. In order to ensure the citizens' right to education,it is very important to deal with the relationship between the state education authority and the family education rights.