受教育平等权与司法保障

法律上所确认的权利能够得到司法上的实现,才更具有现实意义。宪法上的平等权在受教育领域具体化为受教育平等权。实践中,公民受教育平等权因法律适用不平等而受到严重侵害。目前出台司法解释的时机基本成熟,建议通过司法解释,将受教育权明确纳入司法审查范围,以此更好地解决受教育权法律适用不平等及受教育权可诉性之难题,使受教育权得到有力的司法保障。

Equal Right to Education and Judicial Protection

It is significant for the rights recognized in the law to come true by judiciary.The constitutional right to equality is specified into equal right to education in the field of education.In practice,the equal right to education of citizen has been seriously violated because of the unequal application of the law.It is proposed that the right to education is explicitly included in the scope of judicial review through judicial interpretation,thereby the problems of the unequal application of the law and justifiability of right to education should be solved and the right to education should get judicial protection effectively.