受教育权,作为人权立法的一项基本内容而成为法律概念和宪法权利,早已为我国法学界所注意。但对于教育权的研究,至今仍处在有待深入研究和探讨的阶段。其原因,不仅由于教育权在我国不是一个直接的法律概念,还因为过去把法的职能仅仅归结为阶级斗争的工具,忽视法调整其它社会关系的社会公共职能。导致我国的教育法制建设在相当长一段时期内,跟不上教育事业的发展,有关教育法学的研究,亦长期处于基本上空白的状态。我国的宪法,确立了国家在教育法律关系中的地位、任务和责任。我国的教育法依据宪法原则(?)通过对国家教育权的分配和调控来实现国家的教育主权表达宪法所确立的国家教 The right to education, as a basic content of human rights legislation, has become a legal concept and a constitutional right, which has long been paid attention to by our law circles. However, the research on the right to education is still in the stage of further study and discussion. The reason is not only because the right to education is not a direct legal concept in our country, but also because in the past, the function of law was attributed only to the tool of class struggle and to the neglect of the social public function of law to regulate other social relations. As a result, for a long period of time, the education legal system construction in our country can not keep up with the development of education and the research on education law has long been basically empty. Our country’s constitution has established the status, tasks and responsibilities of the state in the educational and legal relations. The education law of our country realizes the educational sovereignty of the state through the distribution and regulation of the right to education of the state according to the principles of the Constitution (?)