Article 42 of the Education Law of the People's Republic of China stipulates that the educated shall enjoy the following rights:
1, participate in various activities arranged by the education and teaching plan, and use teaching facilities, equipment and books;
2. Obtaining scholarships, loans and grants in accordance with state regulations;
3. Get a fair evaluation of academic performance and conduct, and obtain corresponding academic certificates and degree certificates after completing the prescribed studies;
4. Complain to the relevant departments about the punishment given by the school, and lodge a complaint or bring a lawsuit against the behavior of the school and teachers that infringe upon their personal rights, property rights and other legitimate rights and interests;
5. Other rights stipulated by laws and regulations.
On the right to education
The right to education refers to the right to education enjoyed by citizens and guaranteed by the state, including the right to education opportunity, the right to education conditions and the right to fair evaluation. China's legal circles generally believe that the right to education is a basic human right recognized and guaranteed by the Constitution and belongs to the category of social and economic rights.
Overall manifestations of infringement of the right to education
The concrete manifestation of infringing on the right to education is actually infringing on the possibility of others obtaining human capital through education and finally obtaining property benefits.
Specifically, it can also be said that citizens' opportunities to receive national cultural education and material assistance for education have been violated. For example, school-age children and adolescents do not receive national education according to law, and there is no guarantee for the state, society, schools and families. School-age children and adolescents have not received compulsory education for a specified number of years. In the compulsory education stage, students are charged tuition fees. Parents do not allow school-age children and adolescents to receive compulsory education, and schools deprive them of their right to education.
Relevant laws and regulations
1. The Constitution of China solemnly declares that the state guarantees citizens' right to education.
2. The Compulsory Education Law stipulates the protection of citizens' right to education, and stipulates the responsibilities of the state, society and schools.
3. The Education Law and the Law on the Protection of Minors also have relevant provisions.
Related case
Qi Yuling's case is called the first case of constitutional justice in China.
Specific content:
Qi Yuling and one of the defendants, Xiaoqi Chen, are students of Tengzhou No.8 Middle School. 1990 senior high school entrance examination, Qi Yuling was admitted to Shandong Jining Commercial School, and Xiaoqi Chen was eliminated in the preliminary examination. However, under the single-handedly planning of Chen Kezheng, secretary of the Party branch of Chen Fuyuan Village, she got the admission notice of Jining Commercial School in Tengzhou No.8 Middle School, entered the school as an impostor, and was assigned to work in Tengzhou Branch of Bank of China after graduation. 1999129 October, Qi Yuling, who knew the truth, sued Xiaoqi Chen, Jining Commercial School, Tengzhou No.8 Middle School and Tengzhou Municipal Education Commission on the grounds of infringing on her right to name and education, demanding to stop the infringement, apologize and compensate for economic losses/kloc-0.60 million yuan and mental losses of 400,000 yuan. In August of 2000113, the Supreme People's Court ruled that "Xiaoqi Chen and others violated Qi Yuling's basic right to education according to the Constitution by infringing on her name right, and caused concrete damage consequences, and should bear corresponding civil liabilities." On August 24th, 20001year, the Higher People's Court of Shandong Province made a second-instance judgment according to the approval of the Supreme Court: Xiaoqi Chen stopped infringing on Yuling's name right; Qi Yuling received 48,045 yuan for economic loss and 50,000 yuan for mental damage because her right to education was violated.