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受教育权的概念是法律理论和司法实践中的重要问题。根据受教育权与国家义务的关系,现有概念可分为无关型、消极不作为型和积极作为型三种。然受教育权的内涵比其他权利更加复杂,现有概念都未能全面揭示受教育权的基本属性。从权利的本质、目的、主体、权利实现的途径及法律依据等多方面、多层次概括,受教育权应为公民依法享有的要求国家积极提供均等的受教育条件和机会,通过学习来发展其个性、才智和身心能力,以获得平等的生存和发展机会的基本权利。
The concept of the right to education is an important issue in legal theory and judicial practice. According to the relationship between the right to education and state obligations, the existing concepts can be divided into three types: unrelated, negative non-active and active. However, the connotation of the right to education is more complicated than other rights, and the existing concepts fail to fully reveal the basic attributes of the right to education. From the aspects of the nature, purpose, main body of rights, ways of realization of rights and legal basis and so on, the author expounds that the right to education should provide the citizens with equal conditions and opportunities for education according to law, Personality, intelligence and physical and mental ability in order to obtain the basic right to equal opportunities for survival and development.