“在家上学”不仅是一种教育现象,也是公民的一项受教育权利。根据义务教育阶段受教育权利主体和相对人的关系,“在家上学”权利是公民的一项主观权利;根据义务教育阶段儿童受教育权实现过程中,权利相对人(国家)的行为性质,“在家上学”权利又兼具有社会权和自由权的双重权利属性。应该厘清相关法律关系主体间的权利义务关系,合理规范和引导“在家上学”实践。 “Going to school ” is not only an educational phenomenon, but also a citizen’s right to education. According to the relationship between subject and relative, the right to go to school at home is a subjective right of citizens. According to the nature of the right of relatives (state) during the realization of children’s right to education in compulsory education, , “Go to school ” right and the dual right of both social and liberty. We should clarify the relationship between the rights and obligations of the relevant legal relations, and reasonably regulate and guide “go to school ” practice.