First, the significance of students' right to education in compulsory education stage
1. The right to education is the basic human right of citizens.
The situation of children in a country indicates the degree of civilization and modernization, and the education of children in the same country is one of the important signs of the human rights situation in a country. The Convention on the Rights of the Child holds that children have three basic rights: the right to exist; Right to development; The right to protection. Education has become an important condition for survival and development. With the transfer of the connotation of the right to education to the right to study, more and more educators and jurists believe that students' education is not passive, and children's right to education should be regarded as a natural right needed for development and growth. 1985 the declaration of the fourth international conference on adult education of UNESCO stated that the right to study "has universal legitimacy as a basic human right." Governments around the world also attach great importance to citizens' right to education, and most countries in the world have written it into their constitutions. Dutch constitutional scholars Maarseveen (H.V) and Tang (G.V.d) made a comparative study of 142 written constitutions of nation-states, and came to the conclusion that 54.4% of the constitutions stipulated the right to education and implemented compulsory education; 22.5% of the Constitution stipulates "the right to participate in cultural life and enjoy cultural achievements"; 23.9% of the Constitution stipulates the right to freedom of education and academic freedom. [2] This does not include the education clauses in the state constitutions of countries with decentralized education such as the United States and Germany. Therefore, the right to education should be "the basic human right enjoyed by everyone".
2. The right to education is an important guarantee for the healthy growth of teenagers.
For students in compulsory education, school education is an important and special environment for their healthy growth. It is a special place designed systematically according to the special needs of developing people's body and mind, which can shorten the socialization process of people quickly and effectively. Psychologists Newman, Freeman and He Xingjier found that the intellectual differences between identical twins raised in isolation were formed by the educational environment. Willman and his colleagues also found that the IQ of kindergarten children is 5 points higher than that of other children. China Juvenile Delinquency Research Association draws a conclusion through a large number of investigations: "At present, the common problem is that a large number of students are lost, absent from class and expelled from school, which is a' reserve army' for illegal crimes." During the Renaissance, rabelais, an outstanding French writer and educator, described in his Biography of Giants that "scholastic education turned a wise man into a fool, and humanistic education turned a fool into a giant with developed body and mind". The above examples and research results show that whether a person receives education and what kind of education is an important factor for the healthy growth of teenagers. Suhomlinski said: "The ideal of the school ... is not to let anyone without intellectual training enter life. Illiterate people, no matter what level of education they (nominally) have received, are dangerous to society. " Education can not only realize children's potential value to society (for example, as the future labor force), but also be the basic way and process to protect and realize children's rights. On the one hand, children's right to learn and develop is guaranteed through education legislation; On the other hand, the realization of children's rights is guaranteed by standardizing teachers' educational behavior. "Taking the development of compulsory education as an example, if the initial stage of compulsory education is still based on social rights and interests (the need for the development of productive forces), then the development of compulsory education today is more about satisfying and guaranteeing the right of every child to learn and develop." [ 1]
3. The right to education is the basic requirement to improve the quality of individuals and nationals.
With the beginning of knowledge economy, "knowledge is important for individuals, because it can make people resourceful and improve their wisdom;" Can cultivate people's character, cultivate people's virtue; Can make life more enjoyable. " [2] For the country, knowledge has become the core factor of production in society, and the production, dissemination and application of knowledge have become the main symbol of modern society, and education has been raised to a strategic position of giving priority to development. National quality is a comprehensive index of national physical quality, cultural and scientific quality and ideological and moral cultivation in a certain mode of production and a certain area, which is reflected in the physical quality, ideological and moral and scientific and cultural level of individuals in this area. Education is a social activity aimed at educating people. Moral education can effectively improve citizens' ideological cultivation and personal quality. Intellectual education can obviously improve citizens' scientific and cultural level and innovation ability; Sports can promote citizens' physique and physical fitness. The change of moral, intellectual and physical qualities ultimately depends on the educational legal system that guarantees citizens' right to education. By popularizing compulsory education, citizens can enjoy equal opportunities to learn scientific and cultural knowledge and improve their ideological cultivation and life skills according to law, fully tap their personal potential and promote the improvement of national quality in the whole region.
Second, the historical evolution and connotation of students' right to education in compulsory education stage.
The acquisition of children's right to education has gone through a long historical period, during which several major events occurred in the social field, which had a far-reaching impact on the connotation of the right to education. The first is the emergence of schools, which broke the original form of education. In primitive society, education is inseparable from life and labor, and the concept of "right" has not yet existed in people's minds. While taking care of children, the old people take care of cows, sheep and livestock, teach them the knowledge and skills of hunting and survival, and tell stories of their clans and tribes. In primitive education, there is no distinction between rights and obligations, and people's main energy is to fight against nature and seek space for survival and reproduction. With the emergence of class society and schools, law has become a tool to maintain authority and social order and restrain people's behavior, but it does not involve the right of minors to education in general. Children's education is completely controlled by parents and educators. At the same time, due to the class nature and hierarchy, there is inequality in school education, and minors still have no right to education. "In ancient society, the education of most growing individuals (children) was carried out naturally under the control of natural law and customary law, and the process of education was the process of life and labor. Children have no right to decide whether to go to school or not, and they are completely in a passive and negative position. " [1] Secondly, the vitality brought by the Renaissance. The emerging bourgeoisie has put forward slogans such as "natural human rights", freedom, equality and fraternity, and the field of education has also begun to change from "geocentric theory" to "Heliocentrism" (in Comenius' words, from "teacher-centered" to "student-centered"). The theory of educational law is endowed with the connotation of human nature or human rationality, which has been widely used by Comenius, Locke, Rousseau and Pestalo. Third, the rise of the trend of universal compulsory education. 16 19 Weimar, Germany issued a school decree, stipulating that parents should send boys and girls aged 6- 12 to school, otherwise the government will force them to fulfill their obligations. With countries all over the world following the example of Weimar in Germany, this has become a worldwide trend. At the beginning of this period, the connotation of educational rights was mainly reflected in the equality of "educational opportunities". With the development of all kinds of education at all levels, the promulgation of the Basic Law on Education and the promotion of the education democratization movement, the right to education has developed to a comprehensive and full connotation, and the right to attend classes, the right to use educational facilities and equipment, the right to demand campus environment and the right to fair evaluation have gradually become important contents of the right to education. Finally, the proposal of lifelong education promotes the development of the right to education to the right to study. "From the perspective of educational theory, it emphasizes the subject position of the educated in the educational process; Theoretically speaking, it emphasizes the initiative and freedom of the subject of the right to education when enjoying the right to education. " [1] not only contains the connotation of "receiving education", but also is more democratic, more free and more subjective.
Looking back on the evolution history of the right to education, we can easily find that the connotation of the right to education is constantly changing with the development of society. "The development process of the right to education clearly shows that education has developed from a natural right to a legal right; From unequal privileges to universal equal rights; From mandatory norms to rights-based legal norms with unified rights and obligations; From an individual right to a common right of the nation, the country and even all mankind. " [2] The connotation of the right to education has developed from the traditional "receiving education" to "learning right". In foreign countries, the right to education mainly has the following explanations: "the theory of civil rights", also known as the theory of political rights, is essentially the right to ask the state to help create cultural and educational conditions to expand its ability to participate in politics; The theory of "right to subsistence", also known as the theory of beneficial right, essentially requires the state to provide necessary cultural and educational conditions and equal educational opportunities in order to obtain better personal viability; The theory of "learning right", also known as the theory of individual development right, is essentially the inherent right of individuals to improve and develop their personality. The latter theory is regarded as an important achievement in the theoretical research of educational law in the world today, which is a development and breakthrough of the right to education, and its significance far exceeds the meaning of "receiving education". Therefore, combined with the provisions of China laws and regulations, we think it is more scientific and practical to understand the meaning of education from the perspective of the right to study. According to Professor D.D.Raphael's viewpoint of dividing rights, rights can be divided into: the right to act and the right to accept. The right to act refers to the right to be qualified to do something or to do something in a certain way; Authorization refers to the right to be qualified to accept something or receive some treatment. [3] It is much easier to understand the connotation of the right to education from Raphael's point of view.
1, right to education. Theoretically, the right to education can be divided into two categories: one is to require the same admission opportunities, education and teaching conditions, get the same educational effect, and eliminate the differences in education conditions; Second, education is required according to the characteristics of individual physical and mental development, so as to promote individual personalized development. In the actual life of the school, the right of educational behavior is mainly manifested in: ① the right to use the school's educational and teaching facilities, equipment, books and other material conditions. According to Article 42 1 of China's Education Law, the educated have the right to "use educational and teaching facilities, equipment, books and materials"; The right to attend classes (including participating in various teaching activities and social practice). Paragraph 1 of Article 42 of China's Education Law stipulates that the educated have the right to "participate in various activities arranged by the education and teaching plan", and Article 14 of the Law on the Protection of Minors stipulates that "schools shall respect the right of underage students to receive education and shall not expel underage students at will." Article 4 of the Compulsory Education Law stipulates that "the state, society, schools and families guarantee the right of school-age children and adolescents to receive compulsory education according to law." (3) Teachers' rights, teaching forms, teaching methods and teaching contents are required to suit their physical and mental characteristics. Article 4 of the Law on the Protection of Minors stipulates: "The protection of minors should follow the principle of' adapting to the characteristics of physical and mental development of minors'"; (4) the right to get a fair evaluation and corresponding certificates and awards in academic and moral aspects; Paragraph 2 of Article 42 of China's Education Law stipulates that the educated have the right to "get a fair evaluation of academic performance and conduct, complete the required studies, and obtain corresponding academic certificates and degree certificates"; (5) the right to ask for scholarships, grants and student loans stipulated by the state. Paragraph 2 of Article 42 of China's Education Law stipulates that the educated have the right to "obtain scholarships, student loans and student loans in accordance with relevant state regulations"; ⑥ Require schools and teachers to stop all behaviors that affect learning, and get the right of compensation and relief; Paragraph 4 of Article 42 of China's Education Law stipulates that the educated have the right of appeal and litigation. Article 29 stipulates that schools have the obligation to "safeguard the legitimate rights and interests of students"; All landowners require schools to improve the campus environment in accordance with relevant regulations. Article 26 of the Education Law stipulates that schools must have "teaching places, facilities and equipment that meet the prescribed standards"; [1] For this reason, the former State Education Commission issued the Interim Provisions on Campus Environmental Management in Primary and Secondary Schools on 1992, and "Strengthening Campus Environmental Management in Primary and Secondary Schools".
2. The right to education. Students who receive compulsory education have the right to get all kinds of "help" from the state, families, schools, social organizations and individuals that are prescribed by law and suitable for their own requirements. China's Education Law (Article 18), Compulsory Education Law (Article 4) and Law on the Protection of Minors (Articles 3, 5 and 14) stipulate that schools have the obligation to educate, manage and protect students, create good conditions suitable for their physical and mental development, and ensure the healthy growth of underage students.