论儿童优质教育权利的法治保障

Legal Protection on Children’s Right to Education of Good Quality

保障儿童获得优质教育的权利,应当充分发挥法治的作用。将享受优质教育作为每个孩子的基本权利,是维护儿童教育利益、防范教育伤害的需要,是充实和健全儿童教育权利体系的需要,也是国际社会的经验做法。儿童获得优质教育权在权利属性和权利义务关系上具有若干特点。从权利内容上看,为保障此权利应强调贯彻儿童最大利益原则,依法规制儿童教育目标和教育行为,并建立健全制度化、法律化的质量问责机制。围绕细化优质教育质量的标准,应强调依法规范和加强义务教育质量监测,应从我国实际出发,借鉴域外经验,重点解决好儿童优先、全面发展、平等均衡、功能实效、权利救济等问题。

To guarantee children’s right to education of good quality,we should give full play to the role of the rule of law.Based on the idea of quality being at the heart of education,we have proposed the right to education of good quality as an important part of children’s rights,and provided theoretical justification in perspectives of preventing the harm towards children from unreasonable educational practices,reforming the current Chinese system of right to education and adopting the experiences of the international community.Children’s right to education of good quality has several characteristics in the nature of rights and the relationship between rights and obligations.In terms of the content of rights,in order to protect this right,we should emphasize the implementation of the principle of serving children’s needs of their best interests,regulate the educational objectives and behaviors in accordance with the law,and establish a sound institutional and legal quality accountability mechanism.In order to refine the quality standards of education of good quality,we should strengthen the quality monitoring of compulsory education in accordance with the law,and start from national circumstances,learn from the experience of other countries,and focus on a"child-centered,child-friendly and empowering"education.