论公民受教育权及其法律保障

On Citizens' Right to Education and Its Legal Guarantee

受教育权作为一项宪法权利,其产生与发展经历了一个漫长的历史过程。受教育权既具有自由权属性,排除国家权力之介入,要求尊重受教育者之受教育自由。同时亦具有社会权属性,要求国家积极作为,建立教育制度,完善教育法规,为受教育者提供教育条件。公民受教育权之内容主要包括公民接受义务教育权,获得公正评价权,取得学籍、学位权,获得奖学金、贷学金、助学金权,择优录取权,获得平等考试权等。受教育权得到法律保障,必须完善教育法律体系,提高公民守法意识,加强受教育权被侵害之司法救济。

As a constitutional right, right to education has passed a lengthy process of development. It has the attribute of freedom. It is free from state and requires that each person should have the freedom of being educated. It also has the attribute of social rights. It requires that government should establish an education system, perfect educational laws and regulations, and create favorable conditions for people to receive education. Citizens' right to education includes the rights to compulsory education, just appraisal, and acquisition of a place at school, a degree, a scholarship, a student loan, a stipend and an equal examination, and the right to be enrolled on the basis of competitive merits. To guarantee the right, the legal system of education should be perfected, citizens legal awareness be enhanced, and more judicial aid be offered in the case of infringement of the right to education.