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受教育权,作为公民的一项基本权利,意味着国家对受教育者承担着提供教育场所、学习设施、充足师资等义务,而且是国家必须履行的义务。从权利保护的角度出发,将公民本身既视为受教育权的权利主体也视为义务主体是成问题的,因为这样的传统观点已不符合“权利主体说”这一国际理论趋势,也不太利于受教育权的保护和实现。在促进和保护受教育权中,国家将承担三项义务:一般义务、具体义务以及特殊义务。
The right to receive education, as a basic right of citizens, means that the state has the obligation to educate those who provide education places, learning facilities and sufficient teachers. It is also an obligation that the state must fulfill. From the perspective of the protection of rights, it is problematic to regard the subject itself as the subject of the obligation and the subject itself as the right to education, since such a traditional view no longer meets the international trend of theory of “subject of rights” Nor is it conducive to the protection and realization of the right to education. In promoting and protecting the right to education, the State will assume three obligations: general obligations, specific obligations and special obligations.