Font Size: a A A

On The Equal Right To Receive Education

Posted on:2008-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q T LiFull Text:PDF
GTID:2166360212992884Subject:Law
Abstract/Summary:PDF Full Text Request
The right to receive education is a basic right that citizen enjoys it in accordance with the law. The government must provide citizen with equal conditions and opportunities to receive education. Then citizens can obtain equal opportunities to live and develop. As a principle and general basic right, the right of equality influences so deeply the right to receive education that it makes the right to receive education embody the characters of equality in modern society. Therefore, the equal right to receive education means that educatee must receive equal opportunities and treatments in education. But in our country, all persons can't obtain the equal right to receive education as a basic constitutional right. Especially for the peasant-worker's children, they can't realize this right. It has become a focus.During the transformation period of our country, with the industrially rapid development, a large number of peasants had swarmed into cities. This situation directly results in the children's education problem of farming working in the cities. Because of the limitation of the domicile system and the compulsory education system, the equal right to receive education which the peasant-worker's children should enjoy is lack of ensuring. Hence, the government should perform its obligation and offer equal opportunities and conditions to protect the equally educational right of the peasant-worker's children. And so the protection of the peasant-worker's children's equal right to receive education not only relates to their growing and the prevalent improvement of the whole nation diathesis, but also relates to the impartiality of education and the justness of society. Moreover, it also affects the foundation of harmonious of society democracy and the achievement of the well-to-do society. So, it is very sensual to proper into the peasant-worker's children's equal right to receive education.The thesis is divided into three parts:The first part gives a comprehensive account of the equal right to receive education. Firstly, this part summarizes the evolution, connote and character of the right to receive education. The history of the right to receive education is very long, and it is the result of the development of the modern law. As a basic right, it is affirmed by many Constitutional Laws and occupied the important place in the International Human Right Law. The right to receive education plays the important role in the system of rights. Secondly, this part discusses connote of the equal right to receive education which is based on the relations between the right of equal and the right to receive education. According to the compulsory education and the higher education, we can find the levels of the equal right to receive education. Finally, the equal right to receive education essentially requests that the special protection should be given to disadvantaged groups in education.The second part analyses the actuality of the peasant-worker's children's equal right to receive education and the reasons why it is difficult to come true. On the basis of some concepts, such as peasant-worker's children and the school of peasant-worker's children, this part points out that the education of peasant-worker's children is compulsory education in cities. The public schools and the schools of peasant-worker's children in cities are two mainly approaches to receive education for the peasant-worker's children. But there are inequality of the opportunity to go to school and inequality of the condition to receive education between the peasant-worker's children and cities' children. And there are more inequalities in the substance and spirit treatments to receive education. At the same time, as the disadvantaged groups in education, the peasant-worker's children don't receive the special protection from the government. These unequal appearances are radically caused by the huge economic difference between cities and countries. The contradiction between the social development and laggard system is the main reasons. For example, the domicile system of China and the dated education system result in the inequality. Moreover, the achievement of the peasant-worker's children's equal right to receive education is also influenced by the status of disadvantaged groups and difference of culture.Through the above demonstration, the aim of this thesis is to offer suggestions for the safeguarding of the peasant-worker's children's equal right to receive education. The last part examines the matter from all angles, including legal safeguarding, administrative measure and judicial remedy. In the respect of legislation, after summarizing the actuality of legislation about the peasant-worker's children's equal right to receive education, put forward much-needed laws, such as Compulsory Education Law and Educational Funds Law. The administrative measures have the character of high efficiency, so it is the most important measures to safeguard the peasant-worker's children's equal right to receive education. Administrative measures require the government should vigorously do its duty, such as reforming the domicile system of China, implementing the new administrative and financial system about compulsory education, setting up educational funds for peasant-worker's children and strengthening management about the school of peasant-worker's children. In the field of judicature, one hand we should guarantee the civil lawsuit and administration procedure. On the other hand, we should construct and improve the system of constitutional remedy for the peasant-worker's children's equal right to receive education as quickly as possible.
Keywords/Search Tags:the equal right to receive education, the peasant-worker's children's equal right to receive education, safeguarding
PDF Full Text Request
Related items