我国残疾儿童受教育权的申诉制度研究

Study on the Appeal System of the Disabled Children's Right to Education in China

保障残疾人生存发展的关键在于保障其受教育权,作为"未成年人"和"残疾儿童"双重身份并存的残疾学生,其受教育权的保障更多地依赖于家庭和监护人,尤其是在新《残疾人教育条例》中,"保障教育机会平等"作为亮点之一,残疾学生的受教育权得到重新审视。文章探讨作为权利救济制度之一的申诉制度在残疾儿童受教育权受到侵害时应如何发挥其作用,以期完善残疾儿童受教育权的法律救济实践,保障残疾儿童受教育权的全面实现。

The key to guaranteeing the survival and development of persons with disabilities lies in ensuring their fight to education. Disabled students living in dual capacity as ＂minors＂ and ＂children with disabilities＂ are more dependent on families and guardians for their rights to education. Especially in the new ＂ Regulations on the Education for the Disabled＂ ,＂ guaranteeing equality of educational opportunities＂ is one of the highlights, which makes the disabled students have the fight to education re- examined. Therefore, the purpose of this article is to explore the system of complaints as one of the rights relief system, how to play its role when the disabled children＇ s fight to education is violated, With a view to improving the legal remedy practice of the disabled children＇ s fight to education and guaranteeing the realization of the fight to education of children with disabilities.