受教育作为宪法中公民基本义务的理论探讨

当今社会，受教育已经作为公民的基本权利和义务在宪法中做出了规定，公民教育成为教育的基本理念。然而包含公民教育在内的受教育，作为宪法中的基本义务与教育的原初内涵和公民权利之间存在着内在紧张关系，其作为公民基本义务暗含的强制性与公民自主性和权利选择性是相悖的。公民教育内含的意识形态选择和国家认同在公民个体来看并非是实现公民个体自由发展的最好方式，因而宪法规定的受教育只能是最低限度的教育，在内容选择上意识形态控制的色彩不能太过浓厚。在保持最低限度的国家认同感时，将公民个体与国家作为彼此相关的共同体看待，公民应当保持自身的部分独立性，国家应尊重公民的自主精神。

Theoretical Discussion on Citizens’ Basic Duty to Receive Education,Regulated in Constitution

Nowadays, receiving education has been regulated in constitution, as a basic right and duty. Public education has become the basic idea in education. However, there is a tense relationship between citizens’ right and receiving education, which includes public education and is regulated in constitution as a basic duty and the original cognition of education. Duty indicates people are forced to receive education, which is opposite to citizens’ autonomy and freedom to make choices. To citizens, the ideology choice and national identification included in public education is not the best way to realize their individual and free development. Therefore, according to constitution, the education received by citizen can only be at the lowest level, while there should not be too much ideological control in content. When keeping national identification at the lowest level, we should treat individual citizens and the country as communities related to each other. Citizens should keep their independence, while the country should respect citizens’ automatic spirit.