1982 article 46 of the constitution stipulates that People's Republic of China (PRC) citizens have the right and obligation to receive education. Obviously, the legal interpretation of this clause is different from other clauses. That is to say, according to the basic legal characteristics of education, the subject of the right to education is not completely consistent with the subject of the obligation to education. In particular, the subject of receiving compulsory education is separated from the subject of receiving compulsory education rights.
Generally speaking, what kind of education a person receives should be a part of his personality in a broad sense. In other words, individuals have the right to choose education freely. However, for a country and a nation, education involves the survival, development and continuation of the whole country and nation, so receiving education cannot be completely regarded as a personal matter. Especially for school-age children and adolescents, a country's government, parents or guardians of school-age children and adolescents have the responsibility to urge school-age children and adolescents to receive compulsory education with basic education as the content, and to ensure that every minor receives necessary socialization training before entering the society from the social conditions. Of course, for school-age children and adolescents who are unwilling to receive compulsory education, it is useless to impose strict legal restrictions. Therefore, receiving compulsory education is the social responsibility and legal obligation of the government and parents or guardians of school-age children and adolescents.
Of course, for the government, parents or guardians of school-age children and adolescents who have the obligation to receive compulsory education, the nature and methods of their legal obligations are different, and there is a distinction between master and slave. Among them, the government has the main legal obligation, that is, to provide various conditions for school-age children and adolescents who meet the conditions for compulsory education, so that they can really receive compulsory education. Parents or guardians of school-age children and adolescents should unconditionally send their school-age children to school for compulsory education under the condition that the government provides sufficient conditions. Here, the obligation of parents or guardians of school-age children to receive compulsory education is subordinate to the obligation that the government should bear. If the government can't fully fulfill its obligations, then it should not push all the obligations of receiving compulsory education to the parents or guardians of school-age children. Because if the parents or guardians of school-age children fully undertake the obligation to receive compulsory education, once the parents or guardians of school-age children do not have enough conditions to ensure their children to receive compulsory education, then the provisions of the Constitution and laws on the right of school-age children and adolescents to receive compulsory education will be ineffective and do not have realistic legal realization conditions.
It is worth noting that Article 46 of the Constitution of People's Republic of China (PRC) combines the right to education with obligations, which fully considers the characteristics of the way to realize the right to education. Because the way to realize the right to education is different from other rights, especially in compulsory education, the subject who enjoys the right to compulsory education is inconsistent with the subject who has the obligation. Therefore, the constitutional provisions must highlight these two aspects to reflect the value and significance of the right to education as a constitutional right.
In addition, the right to education stipulated in the Constitution is narrow, and it must be embodied by laws enacted by the National People's Congress and its Standing Committee. The right connotation of the right to education includes two aspects: first, the government unconditionally undertakes the responsibility of guaranteeing the right to education such as compulsory education; Second, the government gives citizens the opportunity to receive education. Therefore, citizens cannot unconditionally enjoy educational activities and forms other than compulsory education. They must take certain educational ability tests and bear certain educational expenses. However, if citizens meet the requirements of receiving forms of education other than compulsory education, the government should provide legal protection, such as issuing admission notices to candidates who have passed the entrance examination for colleges and universities.