教育权利与义务的冲突与平衡

On the Conflicts and Balances between Educational Rights and Obligations

教育权利、教育义务是教育法律文化生态的基石,它们基于教育活动产生,经由法律规范设定,通过法律保障实现,贯穿于整个教育法律活动过程。两者之间彼此并行,时常冲突,主要体现为权利义务的观念冲突、规范冲突和行为冲突。确保教育权利与义务的生态均衡,关键在于教育权利与义务的观念制衡、制度制衡和实践平衡。在观念制衡上,需要树立正确的权利观,提升教育权利意识,强化权责统一意识。在制度制衡上,应做到教育权利与义务相对应,教育权利与义务相统一,教育权利与义务相一致。在实践平衡上,应析分教育权利义务边界,拓展教育权利救济渠道。

Educational rights and obligations, as the foundation of the ecology of educational legal culture, are based on the occurrence of educational activities , set by legal norms and realized by legal protection through the whole process of educa-tional and legal activities. They work in parallel but somewhile conflict with each other. The conflicts are mainly reflected in conceptual conflicts, norm conflicts and behavior conflicts between rights and obligations. Thus the core of maintenance of the equilibrium between educational rights and obligations lies in the checks and balances in terms of conception, norms and prac-tice. For the checks and balances of conception, right conception of power should be built, consciousness of educational rights improved, and awareness of the unification of rights and obligations strengthened. For the checks and balances of norms, edu-cational rights and obligations should be corresponded, unified and consistent. For the checks and balances of practice, it is of necessity to analyze and differentiate the boundary of educational rights and obligations, broaden the channels of educational right relief, and perfect the mechanism of educational obligation investigation.