对罪犯受教育权的价值解读

Analysis On the Value of Criminal's Right to Receive Education

受教育权是我国宪法规定的公民的基本权利,罪犯作为人、作为公民仍然享有受教育权。但在工具主义理论的指导下,罪犯的受教育权更多地被理解为接受特殊教育的义务,而没有把罪犯作为一个权利主体、没有赋予罪犯受教育的自由。对罪犯受教育权的价值进行解读,是为了更好地保障罪犯基本权利的实现。

To receive education is one of fundamental rights of citizens stipulated by the constitution in our country. The criminal, as a human being and a citizen, still enjoys the right to receive education. Under the guidance of the theory of instrumentalism, however, the right of criminal to receive education is more regarded as the obligation of criminal to receive special education. The criminal is not considered as the subject of the right, not endued with the freedom to receive education. To analyze the value of criminal＇s right to receive education is for better protecting the realization of criminal＇s fundamental rights.