| Education is a relatively independent social activity,the right to education as the main content also has a relatively independent development characteristics.As a basic human right to guarantee the lifelong growth and development of individuals,the right to education has taken "equality" and "freedom" as its core value since its birth,and promoted the overall development of individuals and the equality and harmony of the society as its ultimate value goal.This is the fundamental and eternal value characteristic of the right to education as a basic right.However,in different stages of historical development,the right to receive education is different in terms of content,realization mode,relative person of the right and even value focus for different types of education and education groups.From the perspective of right development,the history of higher education is actually a history of guaranteeing citizens’ right to education.The world’s higher education has developed from the elitist stage to the popular stage,and then to the current popular stage.Its scale is getting bigger and the popularity rate is getting higher and higher,and the protection of citizens’ right to higher education is getting tighter and tighter.The modernization of higher education mode and the diversification of the types of institutions of higher learning have endowed the right to higher education with richer connotation.The coming of the era of rights and the awakening of people’s awareness of rights also provide more opportunities for the realization and protection of citizens’ right to higher education.When China’s higher education enters the stage of universal development,the right to receive higher education will have new breakthroughs in the subject of rights,connotation of rights,realization of ways and relief approaches,and its equal value will grow new connotation,and the value and significance of freedom will be more widely highlighted and valued.As one of the main subjects of the right to receive higher education,college students are also the main beneficiaries of the universal development of higher education.Compared with other groups,the right to education of college students has its unique characteristics in the content of right,the way of exercise,the relative person of right and the way of relief.As a right system,the right to education of university students covers all the rights closely related to education in the whole process from obtaining the entrance opportunity of the desired university to successfully graduating from the university.The process of students receiving higher education is also the process of realizing their right to education.Therefore,as the main institution for students to realize their right to higher education,universities must have a complete and effective university legal system and a legal environment full of freedom and equality to ensure that students’ right to higher education is fully realized and guaranteed.As the core basis of university administration in accordance with the law,the university charter is very important to ensure the full realization of students’ right to higher education in the university.To within the university to promote the all-round development of students by education rights and implementation,must through the articles of association in colleges and universities internal build system of modern university system under the rule of law guarantee system,and complete the students for the realization of the right to education of university students build a good campus environment,make the value of equality and freedom of the right to education on full display.In view of the theory of the higher education,mainly from universal significance for the study of main body,is based on general civil rights for the protection of the rights concerns have largely focused on the improvement of the macro national laws and regulations,few scholars focus on specialized college students this group from the implementation situation of higher education,It is rare to study the right to education from the perspective of university charter.Therefore,this paper will be based on the university students as the main body,starting from the university constitution,to explore the protection of the right to education of Chinese university students in the university.Furthermore,some suggestions are put forward to protect students’ right to education from the university level.This paper is divided into five parts:In the first part,the origin of this research,the research method adopted,the significance in theory and practice,the theoretical basis of the thesis and the research status at home and abroad are preliminarily explained.The second part summarizes the connotation evolution and theoretical development of the right to education and university charter.Firstly,it analyzes the connotation and attribute of the right to education and the concept and characteristics of the right to education of college students.On this basis,based on the three modules of the acquisition,exercise and relief of the right to education of college students,centering on the value concept of "equality" and "freedom",the right system of college students’ right to education is constructed.Secondly,it expounds the connotation of the university constitution and its value in the protection of the right to education of university students.The third part analyzes the protection of college students’ right to education in the constitution of 75 colleges and universities directly under the Ministry of Education,explores the existence of students’ right to education in the constitution of Our country,and analyzes the existing problems and causes.The fourth part analyzes the articles of association of the three foreign famous universities,explores the protection of students’ right to education provided by the articles of association of foreign universities,and summarizes their useful experience.The fifth part,from the Angle of perfecting the university constitution,puts forward some countermeasures and suggestions for protecting the right of university students to receive education. |