我國憲法和教育法規定公民有受教育的權利和義務,學界對此提出權利義務復合觀、權利觀、義務觀三種解釋觀點,本文通過分析新中國憲法及義務教育法相關法條的產生、發展及演變歷程,認為對義務教育階段公民受教育權的理解應持權利義務復合觀,而將受教育的權利理解為起點式及過程性的權利、受教育的義務理解為結果式及目標性的義務。

According to the laws of the People’s Republic of China (PRC),citizens have the right as well as the obligation to receive education. However,with regard to this issue,academia has raised three theories: the theory of duties,the theory of a composite of rights and duties and the theory of rights. Based on related historical materials, this paper summarizes and analyzes the establishment,development and evolution of related clauses in the Constitution and the Compulsory Education Law of the PRC. In light of China’s legislative history,we should continue holding the theory of a composite of rights and duties. But the author believes that interpretation of the right here should be focused on the starting point and the process,while that of the obligation should be focused on the result and the goal.