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A Small Number Of People In The United States The Right To Education, The Legal Protection Of Research

Posted on:2013-01-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:G L FengFull Text:PDF
GTID:1116330374958578Subject:National Law
Abstract/Summary:PDF Full Text Request
China is a united multi-ethnic country. It is of great significance to protect the equal rights of subsistence development and to maintain national unity. From the history of China national education development, the sound development of national education is inseparable from the protection of the socialist legal system. For various reasons, however, the legal construction of Chinese national education is relatively weak and the national education legislation lags far behind the national education development, which can not play the role of its due protection for the cause of national education. Therefore, strengthening the national education legislation research is crucial. In this context, to learn from the experience of other countries is a non-evasive way, which has a positive meaning for speeding up the legal construction of Chinese national education and improving the efficiency of the legal construction. The world today is a highly interconnected organism. It is necessary to pay close attention not only to the status and development of domestic education, but also to the status of education and development in other countries, especially, the effective ways, policies and laws. Hence, we must have an international perspective. The United States, as the world's most developed country in education, is successful in education because of its complete educational legal system. Mature national education law system has set an example for other countries to learn.The paper is divided into five parts. The first part is a theoretical analysis of the minorities'rights to education. In terms of the theoretical, the jurisprudence, the national constitutional system and the international human rights law of minorities' rights, the paper tries to explain the legitimacy and rationality of minorities'rights. Then from the aspects of the basic meaning of the rights to education, rights to construct, the paper tries to analyze the nature of minorities' rights to education, legal protection of the theoretical basis, and then elaborate that the minorities'rights to education can be actionable.The second part is a historical analysis of the protection of the minorities'rights to education in the United States. It consists of three stages:the scattered rights period, the decentralization period, and the centralized period. Then the paper analyzes the history of legal protection of education rights of African Americans, Hispanic Americans and Asian Americans. The purpose of this part is to reveal that the apartheid and racial discrimination is a major obstacle to the U.S. minorities'rights to education.The third part is a legal analysis of the protection of the United States minorities' right to education. First of all, the paper describes the legislation content of minorities' rights to education, and then summarizes the main features of the legal protection of the minorities'rights to education. In the process of organic coordination of the legislative, judicial and executive powers, the Supreme Court fully exercised the rights to judicial review, which had a significant impact on the protection of the minorities in the United States. Meanwhile, case laws also play a decisive role in the minorities'rights to education legislation. The federal government has played a key and effective role on the implementation of the law of minorities'rights to education. Besides, congressional legislation is increasingly playing a role in promoting the protection of minorities'rights to education.The fourth part is an empirical analysis of the legal protection of minorities'rights to education. The paper takes American Indians as an example. From the social developmental context of the Indian Education Act and the evolution of its legislative guiding ideology, the paper tries to analyze and evaluate the implementation of American Indian Education Act, the timeliness of the Law Amendment and legislative content of the special characteristics. Indians, as the indigenous peoples of the United States, experienced the fate of ups and downs. The U.S. government has conducted a series of Indian education legislations. There is no doubt that China has a certain reference from them.Binding the legal protection of ethnic minorities'rights to education in China and its current situation and problems, appreciating the historical experiences, the legal system and judicial practice from the United States, the fifth part tries to outline China's minority education legislation in the following four aspects:make a reasonable and complete basic law of the minority education as soon as possible and speed up the legal protection system of China's ethnic minorities'rights to education; improve the judicial and administrative protection of the minorities'rights to education; make a national expenditure law on education as soon as possible and improve the fiscal transfer payment system, which can provide a stable funding guarantee for minority education; finally, amend the relevant legislation of the minority education timely and focus on continuity and timeliness of phase combination.
Keywords/Search Tags:minorities, the rights to education, legal protection, theIndian Education Act, judicial review
PDF Full Text Request
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