Constitutional Guarantee of Citizens' Right to Education — from the Perspective of the State's Protection Obligation

Journal: Journal of Higher Education Research DOI: 10.32629/jher.v3i2.743

Qinqi Zhang

School of Philosophy and Governmen, Shaanxi Normal University, Xi'an 710119, Shaanxi, China

Abstract

Education is the foundation of a country, and the cultivation of talents decides the future of a country. Therefore, the right to education is not only directly stipulated in the chapter on The Basic Rights and Obligations of Citizens. Besides, the General Outline made it clear of the national obligations and education was given special protection. The state's protection obligation plays an irreplaceable role in protecting the objective value order, which has become an important means to protect the right to education from illegal infringement. It is a systematic project to realize the obligation of our nation in protection of citizens' right to education, which can be achieved with the cooperation of legislative, administrative and judicial organs to jointly fulfill the obligation of constitutional protection of citizens' right to education. The state's obligation to protect the right to education must follow the lower criterion of "Adequate compensation" and the higher criterion of "Balance of interests".

Keywords

right to education, constitutional guarantee, the state's protection obligation

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