Research On Citizens’s Right To Vocational Education

According to the provisions of Article 5 of the Vocational Education Law of the People’s Republic of China,citizens have the right to participate in vocational education,because the vocational education rights of the state,society,family and other subjects are all developed around citizens’ vocational education rights.Therefore,the content of this article points out the concept of "citizen vocational education right" that can best reflect the value orientation or inherent contradictions of vocational education legislation.But what kind of right is the "citizen’s right to vocational education",what content should it have,how can we better protect this right from the perspective of the rule of law,and how can it be conducive to the full realization of this right? There are no systematic research results.Therefore,starting from the human rights origin of "citizen’s right to vocational education" and combining with the basic theory of "right to receive education",this paper clearly proposes that citizens’ right to vocational education is the right of citizens to seek survival,engage in social production,participate in social management,and improve their personal qualities.The right to learn knowledge and skills,and legally require the state（government）,school,family,enterprise,etc.to perform the obligation of action or omission to provide necessary conditions for this.Citizens’ right to vocational education has dual rights attributes of "freedom" and "social rights","right to education" and "right to labor",and in the context of changes in the main social contradictions,the current right to citizens’ vocational education should also have Fair and high-quality value attributes and acceptable and adaptable standard attributes.The subjects of citizens’ vocational education rights are universal,that is,they include not only vocational college students,but also other citizens such as laid-off workers,farmers,and veterans.The two parts are not in an either-or relationship.With the development of society,the latter will be continuously included in the scope of the former;Under the background of increasing types and content expansion,it is required to break through the single theory of state obligationism and build a new pattern of multiple obligation subjects.The above basic research results,on the one hand,provide theoretical support for the revision of vocational education laws;on the other hand,they open up new ideas and perspectives for examining the legal protection of vocational education rights.For example,there is insufficient awareness of the individual-based value of the right to vocational education in the legislation of the right to vocational education,there is an imbalance in the protection of the right to vocational education for special groups such as farmers and the disabled in law enforcement,and there is insufficient attention to the right to teachers’ vocational education in the judiciary.in place and so on.In order to effectively deal with the above problems,the author combines the basic research results of citizens’ right to vocational education and the understanding of the theoretical basis of administrative law and the content of the new public service theory.After analysis,it is proposed that the protection of citizens’ right to vocational education should pay attention to the rights and obligations of all stakeholders.Reciprocity,balance of interests,strengthen government services,and improve all aspects of the rule of law.For example,in legislation,pay more attention to special groups,and tend to protect their vocational education rights;in law enforcement,flexible law enforcement measures such as administrative contracts and administrative guidance are used to reduce the contradictions and conflicts between the cooperation subjects of citizens’ vocational education rights.Conflicts,prompting them to negotiate on an equal footing,thereby enhancing the enthusiasm and initiative of the non-administrative party to participate in the development of vocational education;in the judiciary,in the case of more controversial cases involving the right to vocational education,strengthen the balance theory and other theoretical basis to interpret the law in the judgment The important role of reasoning,so as to further improve the legal protection of citizens’ right to vocational education.