Research On The Protection Of The Personality Rights Law Of The Right To Education

At the present stage,with the improvement of the concept of human rights and the advancement of the reform of China's education system,various cases of disputes over the right to education are constantly emerging,and new situations and problems are pouring in.As a typical representative of the "Qi Yulin case" and the "high school entrance examination falsification case" that has emerged in recent years,the solution of the case is different,but the problem has not been solved in essence,which makes the infringement cases of the right to education between equal subjects come to the front of academic research.The reality of social development determines that the protection of the right to education cannot be limited to the principle provisions of the constitution.It is necessary to deeply analyze the personality right attributes and private rights of the right to education,and demand the appropriate protection path of the civil law,so as to realize the complete protection of the right to education by taking advantage of the amendment opportunity of the personality right law.The first part is about the personality attribute of the right to education.Including the definition,nature and the content;As well as the right to education has the private right,with the personality right attributes and personality right elements of three aspects.The second part is the realistic dilemma of the protection of the right to education and the right of personality law.Including theoretical dilemma and legal dilemma.The theoretical dilemma focuses on whether the right to education belongs to public or private rights and whether it is litigable.The legal dilemma mainly lies in the legislative blank of the civil law on the right to education and relief and the judicial dilemma of the uncertain foundation of the right of claim and the difficulty in determining the liability for infringement.The third part is the path design of the protection of the right to education and the right to personality law.After analyzing the two path defects of "violating the legal type of protection of others" and violating public order and good habits against personality interests,it points out that there is a certain rationality in the current judicial compromise to apply "general personality rights",The most important thing is to propose to protect the right to education as a specific personality right in the future personality right legislation.The fourth part is about the exercise of the right to claim in cases of infringement of the right to education,which mainly involves the following kinds of claims: the right to exclude nuisance and stop nuisance,the right to claim unjust enrichment and the right to claim damages.The fifth part is the conclusion.