论教育权利实现的差序性

权利应当平等,而现实中往往并不平等,这是一个老问题。考察国外受教育权利实现的历史,可以发现:其一,受教育权总是先为一部分人设定,并保障其实现,然后再渐进地推而广之;其二,权利之间存在特定的位序安排,权利的实现必然存在差序性;其三,在整个教育权利系统中,受教育权是一个根基,起母体之作用,它派生出许多子权利,无母权利的享有,子权利的享有则成空谈。所以说,受教育权利的实现,象是石子扔进水中形成的一圈圈外推的波纹的差序。并且,中国受教育权设定和实现的历史也印证了这个规律。

The Pattern of Difference in the Fulfillment of the Right to Be Educated

It remains an issue that the right should be equal while it is not true in reality.A close study of the realization of the right to be educated abroad shows that:1) The right to be educated should be set up and ensured for some citizens,and then enjoyed by every citizen;2) There exists a special order among the rights whose realization must abide by the rule of the pattern of difference;3) In the rights of education,a fundamental role is played by the right to be educated,from which many other rights are generated.Therefore,the realization of the right to be educated is taken on a diversity-order,like the ripples in the water,which has been verified by the setup and realization of the right to be educated in China.