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Migrant Worker's Children Compulsory Education Law Guarantee Mechanism Research

Posted on:2012-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y C LiFull Text:PDF
GTID:2166330332995510Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the rapid development of our economy, the deepening of reform and opening up, especially the acceleration of urbanization, the market in great demand for labor resources; Meanwhile, in limited rural farmland, promoting agricultural mechanization, make in the rural surplus labor force, and a large number of surplus rural labor force to cities, mass transfer has become a necessity. From the 1980s, large quantities of mid begin migrant workers in cities, formed a round of another round of "the tide of migrant workers". City employment, except with migrant workers brought transportation, social security, labor market management problems such as education, migrant workers outside the children become the most challenging of serious social problem. Based on this, the author choose education problem city migrant children obligations as the research object, This paper discusses the migrant children education lack realistic background of obligations and study the meaning of the subject. and then analyzes the reasons, attempt to propose countermeasures and recommendations.The basic concept of defining involved is discussed based on migrant children education problem become social common obligation focus policy evolution process, reform of the household registration and loose, all sectors of society for migrant children's extensive concern, make the person saw has achievement. But also from management, learning problems, psychological problems,three aspectsof migrant children compulsory education, the authors analyse the existing problems and contrast better understanding of policy and system to solve the migrant children obligation of right of the significance of guarantee mechanism.Migrant children compulsory education the reasons, even if has a migrant children own this and other reasons, but this article is more want from the environment of outside itself is analyzed. Legislation is not perfect, and their children of migrant workers policy Deviation, the dual structure of the household registration management system, gave the school children of migrant workers caused many difficulties. Economic pressure and caused by poverty and backwardness is not enough emphasis for education is to produce objective and subjective reasons for the problem. Judicial relief is inadequate protection of children of migrant workers have no right of equal access to compulsory education, the importance of social factors.Children of migrant workers in the protection of the right of equal access to compulsory education, the new "Compulsory Education Law" Although great progress has been made, but the legislation still need to continue to improve. Repealing the "Account Registration Ordinance", to develop the "Household Registration Management Law", "compulsory education law," "Law education for children of migrant workers", etc., so as to improve the education of our legal system。.Local governments and departments at all levels also need to be developed with the "Compulsory Education Law" matching rules, regulations and implementation details, so that the "Compulsory Education Law" implemented, need to present the "Compulsory Education Law" stipulates that the previously established Compulsory Education for Children of migrant workers about regulations and policies to further improve or develop new regulations, rules and implementation details.Administrative protection, The enrollment card system is based on the household registration system established information infrastructure, is to prove the existence of a student. Enrollment card to establish a national networking system, the card with the person walking, school system in the stage of completion of compulsory education of migrant children in the household registration system is completely independent application of school children of migrant workers is no longer necessary condition for this account.To solve the problem of migrant children education, compulsory education must be from the property as a public product, combining modern education management system and investment system targeted to give to resolve the situation. Reform of the existing investment system of education funding, especially funding for migrant children education investment mechanism, the establishment of migrant workers dominated the central government mechanism to ensure funding children's education. Investing education funding reform, can learn from the use of "compulsory education card" form of funding for education to the parents shared equally the hands, but lists the funding of special education for children of migrant workers, earmarking, and to strengthen the supervision of the use of funds for education.Establishment of migrant workers organizations, community education, migrant workers and urban residents to strengthen the links and play a bridge role in the community, are migrant workers and their children to better integrate into the community. Meanwhile, the rational treatment of the existence of the school children of migrant workers, the use of government resources, through the examination and approval, release the power of social education license to focus on the regional school district to open secondary schools, it becomes a school and family ties.Judicial protection of rights is often the ultimate remedy protection, but also the most effective remedy protection and equal realization of the right to compulsory education the need for good security system of justice, or even the best legislation is a dead letter. According to the different subject to infringement, relief from constitutional litigation, administrative proceedings and civil remedies relief perspective of the three children of compulsory education for migrant workers the right to judicial protection by way violated.China's Constitution clearly stipulates that citizens have the right to education, but the constitution can not protect the rights of specific exercise, but also to the specific implementation of a series of laws and regulations. To quickly formulate and revise relevant laws, regulations, laws to abide by, the children of migrant workers the right to issue compulsory education up to the legal level. Children of migrant workers through legislation to achieve a truly equitable rights to receive compulsory education, through legal means to establish monitoring and reward system, clarify responsibilities and obligations, to urge the Government, social and legal security of school-age children of migrant workers to receive compulsory education.
Keywords/Search Tags:Migrant children, compulsory education, legal safeguard mechanism
PDF Full Text Request
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