论受教育权

On the Right to Education

每个人都有受教育的权利,中国法律和国际法对此都作了明确的规定。一些西方法学家对有关法律的实施问题进行了研究,但国内外学术界对受教育权的合理性还缺乏深入的探讨。本文根据中国的情况,讨论法律对受教育权的规定,着重研究这一权利的伦理基础,目的是填补一些理论空白,并解决中国学术界十多年来一直争论的关于“教育产业化”的难题。

Everyone has the right to education. This is clearly stated in both Chinese law and international law. While some Western jurists have studied the enforcement of relevant laws, there is little discussion about the moral foundation of the right to education. Opposition to 'positive rights' is still a theoretical obstacle to the implementation of these laws. This paper first discusses the requirements of the laws concerning the right to education in the context of China, and then explores the moral foundation of this right. Such a study may fill some gaps in educational law and educational philosophy, and solve the difficult problem of 'commercialization of education, ' over which Chinese scholars have debated for more than a decade.