On the Relationship Between the State's Power over Education and Citizens'Right to Education in the Digital Age——The Underlying Logic of the Codification of the Education Law in China
With the application of massive data and efficient algorithms,the digital age triggers"digital power"that restricts or controls individuals,and challenges the balance between the state's power over education and citizens'right to education.On one hand,"digital power"strengthens the end and utility of the state's power over education,and improves the control-oriented ability of the state's power over education;on the other hand,it gives enterprises engaging in digital technology the opportunity to share or even encroach upon the space to exercise the state's power over education,which to a certain extent weakens the effect of the exercise of the state's power over education.This threatens citizens'exercise of the right to education,and breaks the balance between the state's power over education and citizens'right to education.Since education remains one of the state's top priorities,the key to balancing the relationship between the two lies with the state.We need to reinterpret the connotations of the state's power over education based on a proper understanding of the characteristics of the digital age,clarify the purpose of the state's power over education:respecting citizens,caring for them,and promoting their development,based on the legal restrictions imposed on the state's power over education;exercise coercive power prudently,follow the principle of legal reservations and the principle of proportionality;and normalize basic powers,and promote the openness of educational data and the participation of diversified subjects.In this way we can actively and completely protect citizens'right to education,based on the underlying logic for the codification of the education law.
the state's power over educationthe right to education"digital power"the codification of the education law
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