受教育权初探

今天的受教育权是初始的受教育义务经“自由权形态”到“社会权形态”再到“发展权形态”历次演变的结果。在实证法上 ,受教育权也经历了一个从“受一般法律调整”到“作为人权入宪”到“进入国际人权法领域”的发展历程 ,目前受教育权保障的国际标准已经确立。在法律意义上 ,受教育权平等不仅要求权利设定上的平等 ,而且要求将平等原则作为保障公民受教育权的首要原则

Preliminary Probe into the Right to Education

The current right to education is the result of all previous evolution from the "formation of freedom right", to the "formation of social right",and to the "formation of development right". In positivist jurisprudence, right to education has undergone a course of development from "being regulated by ordinary laws, to "being prescribed in constitutions as human rights", and then to "becoming part of the field of international law of human right". At present, the international standard for guaranteeing the right to education has been established.In the sense of law, the equality of the right to education requires not only the equality of establishing the rights,but also making the principle of equality as the primary principle of guaranteeing citizens'right to education.