论大学生受教育权的法律保护

Legal Protection on The Right to Receive Education for College Students

《世界人权宣言》规定,人人都有受教育的权利。我国宪法规定,中华人民共和国公民有受教育的权利和义务。大学教育属于非义务教育,大学生的教育权具有选择性,还具有自由权和社会权的双重法律特征。大学生受教育权的内容主要包括学习机会权、学习条件权和学习成功权,非经合法正当的程序不容剥夺。当大学生的受教育的利益受损后,可依法向有关部门申诉和提起诉讼,以维护自身的合法权益。

Proclaiming for human right of the world regulates that everyone has the right to receive education. The constitution regulates that our citizens have the right to receive education which is obligation for everyone. The right to higher education is uncompulsory, which has quality of select and also manifests the double law characteristics of freedom and society. The contents for higher education include the opportunity of study, the condition of study and the success of study. The right to receive higher education for college students cannot be deprived of unless through legal and reasonable procedure. College students can appeal to agency concerned and suit the law when their benefits of education are damaged so they can protect their legal right.