受高等教育权:一种宪法平等权

The Right to Higher Education: the Equal Right of Constitution

如今受高等教育权属于一项基本人权已为世界上绝大多数国家的宪法及诸多有关人权的国际公约所认可并保障。受高等教育权的宪法权利属性不言而喻。我国高等教育资源的相对不足导致受高等教育权与其说是一种社会权,毋宁将其视为一项平等权。受高等教育权能否获得平等保护对于此权之实然享有至关重要。

The fight to higher education is a basic human fight, which has been recognized and pro- tected by the constitutions of most countries in the world and many international conventions on human fights. It is out of question that the right to higher education has the property of constitutional relative lack of higher education resources in China makes the fight to higher education be an equal rather than a social right. The equal protection of the right to higher education is critical for enjoying it.