The passage of the Educational Fundamental Law will have a crucial influence of the development of education in the future, and thus it needs to be understood thoroughly. This paper focuses, its discussion on the regulations relevant to people’s right to learning and education in the Law. First of all, by elaborating on the two paradigms and related concepts of the right to education, this paper points out the Educational Fundamental Law in Taiwan is inclined to the paradigm of people’s right to education and offers an analysis of the reasons for the inclination. Next, based on the standpoint that people are the subject of learning and educating, this paper examines the extent to which people, as the education, right bearer, are protected by the Law. This paper argues that the Law does not endow specifically students and people with the freedom to determine the learning content and educational mode. The Law also blurs its regulations with respect to parents right to education, teachers right to professional autonomy, residents right to participation, and private persons right to establish schools. Then this paper turns its attention to the contradictions and problems that inhere in the Educational Fundamental Law. For instance, exercising fully the parental right to education may contravene the principle of equal educational opportunity. Teachers professional autonomy is limited by the rules of schools and institutions. The state does not have stable financial resources to fulfill its obligation with respect to educational affairs. This paper concludes that the passage t of the Educational Fundamental Law carries both symbolic meaning and declarative function. However, what needs to be pursued is to expand its substantial implications. While people are recognized as the subject of learning, the state lays a role even more important than ever.