走出受教育权民事救济的理论迷思

民事救济是我国司法救济的重要方面，也应是我国受教育权利救济体系的组成部分。但受困于传统的公私二分理论，受教育权民事救济的理论基础与必要性面临着来自学界与司法实务界的挑战与质疑。分析表明，提供民事救济是完善受教育权保护方式、实现受教育权保障法秩序统一的必然要求。应当看到，平等主体之间存在受教育权侵权纠纷，而纠纷的解决难以通过教育行政诉讼或诉因寄生的方式实现。使受教育权民事诉讼渠道畅通具有合理性与必要性，也是保障受教育者合法权益的必要举措。

On the Civil Litigation for the Right to Education

Civil litigation is an important part of judicial relief in China, and it should also be an integral part of the relief system of the right to education. However, trapped in the traditional public-private dichotomy theory, the theoretical basis and necessity of civil litigation for the right to education are facing challenges and doubts from the academic and judicial practice circles. According to the analysis, the provision of civil litigation is an inevitable requirement to improve the ways of protecting the right to education and to realize the unification of the legal order of the protection of the right to education. There are disputes on the infringement of the right to education between equal subjects, and the way to resolve the disputes is difficult to be replaced by educational administrative litigation or analogy relief models. It is reasonable and necessary to unblock the channels of civil litigation for the right to education, which is also a necessary measure to protect the legitimate rights and interests of the owners.