学前教育阶段受教育权实现的国家限度研究

A Study on the National Limits of the Realization of the Right to Education in the Stage of Preschool Education

学前教育阶段受教育权是指学前儿童有接受文化教育和获得受教育物质帮助的权利,是宪法和法律赋予公民的基本权利.基于学前教育权法律属性的特点,在实现与保障幼儿学前教育权的过程中,国家应尊重幼儿的学前教育选择权,发展公平而有质量的学前教育,践行自由基础上的秩序价值,平衡私权与公权的关系,最大程度上保障幼儿接受学前教育的权利,使学前教育法成为名副其实的幼儿权益保障法.

The right to education in the stage of preschool education is that preschool-age children have the right to receive education and educational material assistance, which is the basic right of citizens given by constitution and the law. Based on the characteristics of the legal nature of the right to preschool education, in the process of realizing and guaranteeing the right to preschool education, the state should respect children’s rights to choose preschool education, develop fair and quality preschool education, practice the order value on the basis of freedom, balance the relationship between private rights and public rights, guarantee the rights of preschool children to receive preschool education to the greatest extent, and make the preschool education law a real law for the protection of children’s rights.