Undoubtedly, it is essential to seek more appropriate approaches to judicial relief for the right to education because similar cases would arise inevitably in the future. In the author''s opinion, as the National People''s Congress and its Standing Committee are the special constitutional supervision organ stipulated in our constitution, its interpretations concerning the infringement of the right to education and its definition with respect to pertinent liabilities are certainly in line with the spirit of the constitution. However, these involve some questions, such as how to deal with the cases involving constitutional violation? How judicial organ judges the acts in violation of the constitution. As these questions involve several complex factors, the questions can''t be solved in a short time. In view of our status quo, national conditions and system, the author believed, the key to the applicability of judicial means of educational dispute resolution is to develop special educational dispute litigation and resolution mechanism rather than to solve the problem of whether constitutional provisions can be cited in the judgements or not. It is urgent to develop the mechanism step by step by giving consideration to our national condition and system and learning from the practice of other countries.
IV. Development of special educational dispute litigation and resolution mechanism with Chinese characteristics
At present, as China is experiencing a radical social transformation, receiving education has become essential to individuals'' survival and development. People are more and more conscious of the subject of education, the right to education and education laws. Meanwhile, as the allocation of educational resources has become increasingly marketized, the subject of education diversified and the legal relationship of education complicated, the status and relation among subjects in traditional education mode are undergoing profound changes. The competition for educational resources is even fierce. The shortage of educational resources is further intensified. Education environment has become more and more complex. Various educational infringement disputes have arisen one after another. The probability of infringement of the right to education is soaring. Citizens'' right to education would be very fragile if enough legal bases are not available, especially judicial relief mechanism, regardless of where or how the right to education is infringed.
It is noteworthy that some scholars attempts to borrow ideas from a foreign theory——"Third Party Effect of Fundamental Rights",[10] for the sake of improving our educational dispute litigation and resolution mechanism. Some argued that similar cases can be handled through "administrative litigation with incidental civil action" or "criminal litigation with incidental civil action" in the framework of our current judicial system. As far as the author is concerned, the challenge is more than the emerging problems about the third party effect of fundamental rights which to great extent can be solved through institutional improvement on unconstitutional review and civil legislation.[11] Just as Professor Han Dayuan stated, "When we consider the problem of the third party effect of fundamental rights, bear in mind people-to-people infringement is not subject to the constitution. It is still a fundamental principle of the constitution that infringement of individual rights by private individuals is not the subject matter of constitutional rights.[12] In the sphere of education law, certain "non-civil non-administrative" educational disputes have become a barrier in front of such solution.
