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新时代教育高质量发展中的受教育权保障 被引量:1

Guarantee of the Right to Education in the High-Quality Development of Education in the New Era
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摘要 受教育权是一项基本人权,也是我国宪法确认的公民基本权利,是教育发展的核心议题。对教育高质量发展和人的发展而言,受教育权是两者具有通约性的权利基础。中国特色社会主义进入新时代,受教育权的权利边界不断扩展,延伸出公平优质受教育权这一新的受教育权主张。受教育权是教育高质量发展的重要前提,教育高质量发展是受教育权实现的根本保障,人的自由全面发展是两者共同的价值旨归。受教育权的保障与实现需要国家、学校、家庭、社会等主体的共同行动。为此,应完善立法、加强制度建设、把握数字化机遇、协同家校社共同推进受教育权保障体系建设,助推教育高质量发展。 The right to education is a fundamental human right,and it is also a fundamental right recognized by the Constitution of the People's Republic of China.Guaranteeing the right to education is an essential part of China's human rights cause.Driven by the new social principal contradictions and the requirements of the new educational development goals,citizens'demands for the right to education have become more diverse,and the unbalance and inadequacy problem of education has become an urgent issue.Standing at a new starting point,this paper fully clarifies the connotation of the right to education in the current stage of social and economic development and its logical relationship with the high-quality development of education,discusses Chinese citizens'multiple roles of the subject in protecting of the right to education in the new era,and have proposals for the way to guarantee the right to education and its practice in the new era.Regarding the development of high-quality education and human beings,the right to education is the foundation for both.The right to education is a consensus on fundamental human rights.In essence,the right to fair and high-quality education is an extension of the connotation of the right to education,and is the result of continuous evolution along with social and economic development.It is a two-way interactive relationship between the protection of the right to education and its extended rights and high-quality development of education,and the two are complementary.The former is the premise of the latter,a vital part of the development of national education,as well as a necessary guide to solve the current problems of unbalanced and inadequate education.The latter is the guarantee of the former and the requirement of the times,as well as the overall strategy for China to realize the modernization of education. The free and comprehensive developmentof human beings is the common value of the right to education and the developmentof high-quality education. Both the high-quality development of education and theright to education are aimed at realizing education modernization, achieving betterdevelopment to meet the needs of the people, and ultimately realizing the free andcomprehensive development of human beings.As an important prerequisite for the high-quality development of education, theguarantee of the right to education is a relatively complex system involving differentelements in education, which requires different actors to promote the protection of theright to education jointly. At present, the guarantee of the right to education in China,according to the standards of the United Nations, can be further pushed forward in thefollowing aspects. First, improving the education legislation. The construction of ahigh-quality education system cannot be separated from the requirements of the rightto education, and the guarantee of citizens' right to education also needs the fulfillmentof national obligations. Second, strengthening the institutional construction. Inconstructing a high-quality education development system, the state plays a crucial rolein guiding and leading the direction for the development of education. Implementingthe right to high-quality education is inevitably inseparable from the guarantee of thenational education system. Third, grasping the opportunities of digitalization. Digitalconstruction provides a strong material and technological foundation and applicationenvironment for educational innovation, change, and high-quality development. Atthe same time, digital promotion is also beneficial to educators to improve their owneducation and teaching capabilities and indirectly contributes to the construction ofa high-quality education system. Fourth, encouraging social support. Protecting theright to education and the comprehensive development of human freedom need to becarried out in social practices, and also require the broad participation of all sectors ofsociety. A diversified system supported by society should be established to ensure theexercise of fair and high-quality education and promote the high-quality developmentof education to a higher level.
作者 陈·巴特尔 马慧卿 CHEN Bateer;MA Huiqing(Zhou Enlai School of Government,Nankai University)
出处 《人权法学》 2023年第5期86-95,149,150,共12页 Journal of Human Rights Law
基金 国家人权教育与培训基地重大项目“我国少数民族人权教育研究”(17JJD820017) 国家社会科学基金一般项目“新时代我国民族地区高等教育高质量发展研究”(21BMZ060)。
关键词 教育高质量发展 受教育权 公平优质受教育权 教育立法 high-quality development of education the right to education fair and high quality of the right to education education legislation
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