关键词: 家永三郎, 日本历史教科书, 教科书审定, 教育权, 教育法

Abstract: As the longest public law lawsuit in the world, Ienaga textbook case solved the complex history textbook issues in legal ways, and it is typical of "legal settlement of political issues". The case involves a series of cross-cutting issues of constitution, administrative law and educational law, providing good material for the study of comparative law. During the trial of the court, the plaintiff and the defendant had a heated debate over the legal issues, such as the ownership of educational rights, the relationship between the system of textbook authorization and the right to education, academic freedom and freedom of expression, the judicial review method of discretion in the field of education, the application of the principle of due process in the administrative procedure, rule for avoiding constitutional questions, special benefits of suit. Still, there are a series of problems that need to be clarified in the research of public law and educational law in China. The jurisprudence embodied in Ienaga textbook case can provide some reference for us.

Key words: Ienaga Saburo, Japan's history textbook, textbook authorization, right to education, Education Law