Equal Right To Education, The Legal Analysis

As a basic activity of human society, education is of great importance to individuals as well as to human society. Through initiating the knowledge of production and survival, education performs as the basis of existence and development for individuals. Furthermore, the progress of human diathesis accelerates the development of economy, culture and politics. At the dawn of era of information economy, the contact between social prolificacy and science & technology intensifies, thus, education is increasingly significant. However, in reality, the right to receive education is not equal among citizens. The realization of equal right to receive education requires solution critically. The importance lies not only in the existence and development for individuals, but also in the acceleration of social advancement and modernization.The realization of equal right to receive education is the cause and aim of the jurisprudence analysis in this thesis. The thesis is composed of four parts, over 30,000 words. With the equal right to receive education among citizens as the focus, the author reviews the incident of College Entrance Examination in Hainan, and ponders on the situation of education in China Through the analysis from different angles, such as functional analysis, human right, and etc., the author probes into the social significance of equal right to receive education among citizens, and demonstrates the necessity and rationality of the realization of such right. In the end, the author concludes the practice of the protection of equal right to receive education in western countries, and analyzes the counterpart in China. Meanwhile, the general courses and particular measures to realize the equal right to receive education are proposed.In Part I, the author sets out from the incident of College Entrance Examination in Hainan, then considers the equal right to receive education among citizens. The immigrant in College Entrance Examination is the outcome of dual restrictions of governmental administration and Hukou system. Under such restrictions, the equal right to receive education may not realize. On the contrary, it is separate redress. On one hand, the restrictions that the government adopts are rational and just in some degree; on the other hand, they maintain...