公民受教育权研究

我国法院近年受理了多起公民受教育权被侵害案,并引起学术界对"宪法司法化"等问题的大讨论,学者的观点各异。受教育权存在多个层次的含义,包括宪法层次的受教育权、行政法层次的受教育权和民法层次的受教育权,不同层次受教育权被侵害应当采用不同的保护形式,违宪审查只应对宪法层次受教育权进行救济。我国公民受教育权的内容包括受义务教育权、平等受教育权、终生受教育权和恰当受教育权。公民受教育权的利益主体是国家、社会和受教育者本人;公民应当享有不同层次择校权;在实践中不能将学生权等同于受教育权。

Researching on Citizen's Educated Right

In recent years,Chinese courts have judged many cases which related educated right, meanwhile these cases resulted in many discuss, such as that constitution, as a law, should be used in the justice procedure. What is the educated right should be defined first. This essay argued that there are three kinds of educated right, it is educated right in constitution,educated right in administrative law, educated right in civil law. Varied protection methods should be adopted to protect varied educated right. Citizen's educated right consist of compulsory education right, equal education right, lifelong education right and properly education right. The state,society and citizen are benefited from education. Citizen's educated right is different from student right in school.