On Learning Right

This dissertation is aimed to argue that man should have learning right, which have been explored and are still being explored to a greater dimension. The socialization of learning has enabled the realization of learning law. It is jurally based upon the legal guarantee of the learning law.The relationship between learning (learner) and education (educator) is crucial to the specific types of learning law. The right of the learner is influenced by the social, political, economic, historical, and cultural parameters, which is expressed through the relationship between learning (learner) and education (educator). Learning right, with the change of this relationship, remains in a process of dynamic evolvements. It is, therefore, necessary to disclose the process and tendency of the evolvements of learning right, which shall accordingly contribute to the making or modification of related legislation, the education legislation in particular.Learning right, as a bundle of rights, composes of Free Learning, Learning Condition Guarantee, and Individuality Development. Free Learning demarcates the private territory that saves the learner from needless interference, defines clearly the boundary between education power and other powers and the right of the learner, and consequently, enables the free development of the individual. Learning Condition Guarantee, centering on education right, attaches great importance to the national andsocial regulations that compulsorily create learning conditions and the realization of the abstract learning right. Individuality Development establishes the ultimate objective of learning. On one hand, these rights possess their own implications, attend to certain aspects of learning, and are indispensable to learning. On the other hand, these rights make up of a correlative synthesis. Concerning value orientation, learning right emphasizes the priority of freedom, and the institution of order and equality shall by no means be arranged at the expense of freedom. Learning right, hence, gives prominence to the subjectivity of the learner, and learning modes like reception education shall, finally, serve for the purpose of human development.Reception education right, being one of learning right forms, made its appearance as a supplement of Free Learning. Without learning right, it would be impossible to comprehend correctly the origin and quality of education right. Moreover, what corresponds to education right is learning right rather than reception education right. The relation between education right and learning right constructs the axis of educational legal system. The balance and restriction of the two result in the unification of national power and individual right, social value and individual value.Our historical cultural tradition and the context of law transplantation has caused a partial understanding of learning right. To legislate definitely learning right shall help to grasp learning right on the whole and build a legal base of the socialization of learning.