On The State Payment Obligation Of The Right To Education

Right to education,as one of the fundamental right certained by the constitution,is the fundation of the society ruled with law and the political life.It is one of the citizen right,also it exists as the restristion to the national standard.The fundamental right requries the nation to be the main body to make sure of the realization of the right,and it should fullfil the equivalent national obligation.National obligation experienced the progressive development from protecting,respect to prestation with developing of the classic liberalism spirit.The fullfilment of the prestation obligation became the main responsibility of the morden welfare state.With the appearance of the natural law,right to education also sperated into double properties.It is not just the subjective right which only represents the freedom and abatement of nuisance.It is also the objective value order which restrict the objective law for the operation of the public power.National guarantee,as a fundamental right,is not just the target of the operation of the public power.It is also the assumed obligation for the main body of the education provider.National obligation is decided by the fundemantal directly.On the aspect of subjective right,it contains the function of the defensive right and the benifical right.the equivalent national obligation are two parts as the system security of education and the creation of the essential education condition.On the aspect of the objective value oreder,the equivalent obligation to the right is the minimal prestation obligation:the three dimention as the scope,level and speed.Right to education is the objective law to restrict the nation,it needs the sharing of the prestation obligation from the legislation authority,the excutive authority and jurisdiction which are the nation fundation.the sharing obligation are the reasonable prestation content for the citizen and the remedy approach to the right.Buildin up and perfect the prestaiton oblication system is the prerequisite to the pretection of right to education,above that,it is also the powerful security to the developing of the education of the socialism contry ruled by law.