受教育权的司法救济

Judicial Protection to Education Right through Constitutional Procedure or Administrative Procedure

受教育权是公民的宪法权利,具有自由权、社会权、发展权的多重性质。通过行政诉讼解决受教育权案件有其积极意义,但也存在诸多弊端和局限性。宪法诉讼是受教育权司法救济的根本途径。只有从宪法层次和高度解决一系列的理念和技术障碍,逐步实行宪法司法化,才能最终保障受教育权的实现。

It is the citizen's constitution right to receive an education and it is one of the human rights. It has multiple natures with freedom right, social right, and right to development. Though there are some advantages, there is a great deal of drawback and limitation through administrative procedure to protect education right. It is the basic way through constitutional procedure to protect education right. Only after solving a series of ideas and technological obstacle in the level of constitution and implying constitution can we ensure the realization of education right.