平等就近入学权司法保障研究

Judicial Guarantee of the Right to Equal Access to Nearby Schools

在教育公平理念深入人心的今天,就近入学被认为是公民的一项权利而非义务,其内涵也经历了从形式平等到实质平等的发展。平等就近入学权关涉受教育权和平等权双重基本权利,但其司法保障尚未引起足够重视。实践中对于学区划分行为是否受理、原告资格认定和法院审查强度等存有争议。因此,在确认学区划分行为可诉性的基础上,明确提出仅适龄儿童作为利害关系人而具有原告资格;针对就近入学诉讼中的事实、程序和法律问题分别采取最低、中等和严格审查强度,以此平衡公民权利救济和行政自由裁量权;同时,积极推进就近入学的教育行政公益诉讼发展,从而促进教育公平的实现。

Today,with the concept of equity in education deeply rooted in people’s minds,access to nearby schools is considered as a right rather than a duty,and its connotation has undergone a development from formal equality to substantive equality.The right to equal access to nearby schools involves the dual fundamental rights to education and equality,but its judicial protection has not yet attracted sufficient attention.In practice,there are disputes over the admissibility of school zoning,the qualification of plaintiffs,and the intensity of court review.Therefore,on the basis of recognizing the justiciability of school district zoning,it is explicitly proposed that only school-age children as interested parties have the qualification of plaintiffs;the factual,procedural and legal issues in the lawsuits of access to nearby school adopt the minimum,medium and strict review intensity,so as to balance the civil rights remedies and administrative discretion;at the same time,it actively promotes the development of administrative public welfare lawsuits of education in nearby school,so as to promote the realization of educational equity.