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Abstract The ethical issues of big data in education are the derivative products of the integration of science and technology into education. There is a certain degree of coupling between law and ethics， and law is an important means to solve the ethical problems of educational big data. At present， the governance of the ethical problems of big data in education of China is faced with problems such as specialized laws lagging behind the policy attention， and the difficulty in governance of specific problems，so it is necessary to build a set of specialized governance system with the help of laws. While the application of big data empowers the legal relationship of “the right of education—the right to education”， it also impacts its original balance. From the perspective of power， with the characteristics of decentralization and of centrality of big data， the right to digital education has been expanded in terms of subjects and strengthened in terms of content. From the perspective of rights， the basic rights function theory of the dichotomy between “subjective rights” and “objective order of values” is more in line with the needs for substantive protection of the right to digital education， and the “subjective rights” of the right to digital education are the legal rights of individuals. The “subjective rights” of the right to digital education is the basis for individuals’ legal claims， but in order to substantively safeguard the right to digital education in the complex digital age， it is necessary to provide the corresponding institutional， organizational and procedural support from the “objective order of values”.
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Received: 04 December 2024
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2024, Vol. 63 
