关于受教育权的几个法律问题

Several Issues about the Right to Education

本文研究了有关受教育权的几个倍受关注的问题。指出受教育权乃受教育者所享有之权,直接关系到作为私主体的受教育者本人的切身利益,在性质上既属于公权,又属于私权。受教育权可能会遭受公力、私力甚或二者的合犯,赋予受教育权以可诉性无可置疑。受教育机会的平等权、与受教育有关的知情权以及接受免费教育等权利理应包含于受教育权内容之中。

The right to education is one kind of basic Human Rights. In the documents such as the Universal Declaration of Human Rights and the Internatinal Convention on Economic,Social and Cultural Rights,such right was stipulated.In many countries,it is also one kind of basic rights in the constitutional law.In China,it is one kind of public rights.In this article,the author puts forward the view that the right to education in nature also belongs to one kind of private rights,because it is connected with the interest of every private subject. It also can be infringed upon by the government,by the other private subject or both of these entities,so it must be one kind of actionable rights.