Journal of East China Normal University(Educational Sciences) ›› 2021, Vol. 39 ›› Issue (8): 107-115.doi: 10.16382/j.cnki.1000-5560.2021.08.009

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Jurisprudential Basis of Educational Power

Hao Yu1, Xiaojun Zheng2   

  1. 1. School of Law, East China Normal University, Shanghai 200241, China
    2. School of Law, Tsinghua University, Beijing 100084, China
  • Online:2021-08-01 Published:2021-08-04

Abstract:

There are some limitations in the compound structure of the right and obligation to receive education in the constitution, such as the proposition that the right and obligation are corresponding is not completely valid. The improper establishment and implementation of educational power may infringe upon the right to education. In the context of power differentiation, education power can be divided into public power and private power. Sorting out the logic of the establishment and implementation of different types of educational power may help us to define the protection scope of the right to education in different normative systems more systematically and scientifically. It is essential to use the concept of the division between the public and private spheres to treat the educational power, and allocate the protection and control mechanism commensurate with the risk of infringement on the right to education.

Key words: right to education, obligation to receive education, educational power, family education, national education