Issues Related to the Protection for Right of Education by Tort Law
WU Chuan-ka
Abstract
WU Chuan-ka
Abstract
Our existing legislation only stipulated right of education in the constitution law and the education law,to which the civil legislation without clear recognition.But we should not think the right of education is a kind of public right but cannot become private right,thus refuse to protect it from civil law angle.In now society,the protection for righs present more layered,that is,a particular rights,can be proticted by various legal department.Th multiple natures of right of receiving education attribute its essence to a modern society in right protection in the overall design or deepening.The receiving-education right accords with personality characteristics,and it origin from the personality freedom of general personality right.To define the receiving-education right as the personality can make it obtain complete,timely and powerful protection from civil law.
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Our existing legislation only stipulated right of education in the constitution law and the education law,to which the civil legislation without clear recognition.But we should not think the right of education is a kind of public right but cannot become private right,thus refuse to protect it from civil law angle.In now society,the protection for righs present more layered,that is,a particular rights,can be proticted by various legal department.Th multiple natures of right of receiving education attribute its essence to a modern society in right protection in the overall design or deepening.The receiving-education right accords with personality characteristics,and it origin from the personality freedom of general personality right.To define the receiving-education right as the personality can make it obtain complete,timely and powerful protection from civil law.
Key concepts: Legislation, Law, Personality, Constitution, Tort, Political science, Constitutional right, Exclusive right