“为何”与“何为”:弱势群体子女教育权益保护中的政府责任论析

On the Responsibility of the Government and Its Limits about the Protection of the Rights and Interests of Education for Children of Vulnerable Groups

弱势群体贫困性、劣势性与底层性等群体特征决定了政府必须在其子女教育权益保护中充分履责。这可以从弱势群体发生学、政府能力属性以及公共教育职能等方面寻求学理根基。但政府在弱势群体子女教育权益保护中的责任并非无限责任,而是有限责任。其责任边界可以从市场社会语境中政府职能的重新定位、多元救助体系中政府责任的地位以及由各级教育属性不同所导致的政府责任差异等维度来予以廓清与限定。

It is because of the characteristics of the vulnerable groups such as disadvantage, the fragility and need help that the government claims responsibility in the protection of the rights and interests of education for children of vulnerable groups. It can get academic explanation from ontogeny of vulnerable education phenomenon,attributes about the ability of the government and the attribute of public education. Yet the government has not the unlimited liability; but has limited liability. Responsibility border of the government can be clarified and limited from the new fixed position of governmental function in the context of market society, the role of the responsibility of the government in multiple assistance system and the difference of the responsibility of the government caused by attribute of all levels of education.