In 1976, the Asahikawa Proficiency Test case(Japan v. Sato et al) was happened and give a great influence to every people who concern about children’s education and the human right to receive an education. The supreme court of Japan made quite important conclusion about the Article 26 in the constitution of Japan by grand bench. For example, they said: “...each citizen, as an individual and as a community member, has an innate right to the training necessary to grow, develop, and realize the potential of his or her character; specifically, that a child, who cannot educate himself, has the right to demand an education from adults generally." Based on this kind of thinking, this article is trying to review what kind of situation about the human right to receive an education in Taiwan. And as we all know, in 1999, Taiwan had constituted the Fundamental Law of Education. In this law, the right to study has been indemnified. However, this article is trying to say the right to study should be a human right, and the human right to receive an education should based on that kind of basis to make everyone (especially children) who live in Taiwan could enjoy this kind of human right to develop him or herself character well.