Equal Protection Of Public Education And Establishment Of Responsibility For Financial Payment

Chinese Constitution and the Compulsory Education Law both stipulate the basic right of education."equality before the law" is also stipulated in the constitution.In reality,The level of compulsory education is unfair within regions,urban and rural areas,and the basic right of compulsory education is not protected adequately and equally.As a result of the narrow source of funding and governments financial responsibility division is unreasonable.The United States is one of the highest quality education in the world.There are same problems between Chinese public education financial system and US.Their financial system both is decentralized.Regional differences in wealth led to educational resources disparity.The article analyzed of the history of education finance reform in the United States,in order to provide some reference for China.The article not only analyzed the basic theory of equal protection but also clarified the basic connotation and the legal principle of equal protection.With unfair reality problems as the background to carry out research which is led by the lack of school finance and governments financial responsibility unreasonable division.In the process of American school finance reform,a series of litigation on the equal protection of school finance played a decisive role.The article analyzed several litigation cases from the aspect of law.For example,how the court judge the school finance is unconstitutional according to the equal protection clause.When the legislature is negative act to revision of the financial plan,the court even pointed out in a "positive judgment" that the state government's financial payment obligations in school finance.Therefore,the action promote the reform of the fiscal system to protect equal rights of education.The author summarizes the evolution of the legal basis of equal protection in the process of court trial and finds that its essence is the process of pursuing form equality equal to substantive equality.Further more,the article clarified the role of legislature and judicial organs inpolicy making,introduced and analyzed the state transfer payment model.Through the above analysis,the reform of the American school finance could provide useful enlightenment for our country:firstly,increase the financial investment in school finance,provide sufficient economic security for the development of education,and secondly,increase the provincial government payment efforts to strengthen transfer payment,and clear levels of governments' financial responsibility division.Finally,improve the legal system of school finance,clarify the specific standards of equal protection,improve the legal relief mechanism and strengthen the operability of the relevant legal system.