| 摘 要： | The Amendment(Ⅺ) to the Criminal Law of the People's Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens' right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens' right to education.Its role as a "secondary protection law" is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens' right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ) to the Criminal Law of the People's Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ) in due time.
|
