Abstract:

From a historical perspective, at the beginning of its birth, national education power only meant the state’s intervention in the content of education. Since the birth of the social state, a welfare factor has been added to national education power, requiring the state to act actively to ensure the realization of the right to education. This makes the national education power that contains both intervention and welfare aspects. Following this distinction, we could investigate their normative requirements separately. Article 19, paragraph 3, Article 19, paragraph 5, Article 24 and Article 46 of Constitution together constitute the constitutional basis for the intervention of national education power, and put forward formal and substantial requirements for national education power. In addition, the Educational Law delineates the normative boundaries between the national education power and the family education right, the school education right and the social education right. The welfare aspect of national education power should also meet the requirements of constitutional norms, it can’t deviate from the national goal, or violate the principle of equality, and should fulfill the national protection obligation.

Key words: national education power, right to education, intervention orientation, payment orientation