关键词: 受教育权, 民事救济, 侵权类型, 侵权责任, 类型化

Abstract:

The civil relief of the right to education is an important problem that remains to be solved in academic circles and judicial practice. The current research is limited to the abstract and overall civil nature of the right to education, while neglecting to grasp the substance of the right, the type of infringement and the liability with the categorical analysis. The substance of the civil right to education is mainly the general personality right, but it is closely related to the property interests, so it should include the interests of the education personality and the interests of the education property. Therefore, the types of infringement can be divided into three types: infringing upon the education personality interests, infringing upon the education property interests and infringing upon both personality interests and property interests. In terms of tort liability, it can be divided into strict liability and fault liability according to different principles of liability. The establishment of the civil relief of the right to education is an important link to protect the legitimate rights and interests. We should further clarify the status of the right to education in the civil law and return to the nature of the right relief.

Key words: the right to education, civil relief, civil infringement, liability of torts, categorical analysis