Public Welfare Lawsuit of Education: New Development in the Judicial Guarantee of the Right of Receiving Education

Public welfare lawsuit generally means citizens, legal persons or other organizations file a lawsuit against behaviors impairing social public interests. Eduation, as a public welfare, concerns every social member’s interests and the collective interests of the whole country. The public welfare lawsuit is especially necessary for the occasion when the lawsuit plaintiffs qualification theory meet with the actual plightment . In the judicial field of China, schools and township governments sometimes take the parents of dropouts to court, which shows educational public welfare lawsuit has become a reality and the judicial guarantee of children’right to receive education has gained new development. In response to the realities, it is necessary to define the subject’s qualification in the educational public welfare lawsuit, the scope of public welfare lawsuit as well as the specific content safeguarding the public interests of the state and society and procedures involved in the lawsuit. As a result, a perfect system of educatioanl public welfare lawsuit will be established.