依法治教——教育权的有效推进

我国传统教育主要在于“文教” ,而“文教”是将人当作学习的工具 ,其实质是使人丧失主体权利 ,使得受教育仅仅是义务的履行。而当前教育权利存在的主要问题是权利的落空。只有依法治教 ,保持教育公权力和教育私权利的均衡发展 ,才能保证教育权利的健康发展 。

To manage education legally is an effective way to push on the education right.After a careful consideration of the traditional education in China,first,the author proposes that the traditional education is mainly for culture education,which treats man as the tool of learing.The nature of culture education is the loss of subject right.This has turned the education-receiving into a passive carrying out of education duty.Second ,the failing to realize one's right is also a major issue that the education right faces at present time.Only a balanced development of the public right and the privite right of education can guarantee a healthy development of education right.The effective pushing on and implement of education right will finally rely upon the legal management of education.