以正当程序实现教育公平

Through Due Process to Achieve Educational Equity

教育公平是教育的一种基本价值观念与准则,与教育制度相关联,并以此为基准规定着社会成员所享有的基本教育权利,规定着教育资源与利益在社会成员之间的合理分配。事实证明,即使是在机会平等的条件下,教育权利的行使也往往因为主体自然禀赋的差异而不尽相同。为此,我们需在充分认识正当程序对实现教育公平的价值基础上,努力建构合理的程序,为教育资源分配的正义提供程序规则依据;充分运用"商谈理论",为解决教育的公平问题提供民主化程序基础和救济机制。

Educational fairness is a basic educational values and criterias associated with the educational system,which makes members of the community enjoy the basic right of education and provides rational allocation of educational resources between the members of society. Facts have proved that the main difference between the natural endowment is obvious even in conditions of equal opportunity under the exercise of the right to education. We must fully understand the proper procedures for achieving educational fairness and try to construct a reasonable procedure. We should distribute educational resources based on the rules of procedure and make full use of ＂negotiations theory＂ to provide basis for the democratization process and relief mechanisms to solve the problem of fairness in education.