On The Legal Security Concerning Migrant Workers' Children's Right Of Receiving Compulsory Education

This paper not only studies on the legal security concerning migrant workers'children's right of receiving compulsory education from the perspective of national obligation, but also points out that the reason for the present inadequate legal guarantee concerning migrant workers'children right of receiving compulsory education is the lack of national obligation and discusses the reason for the phenomenon under the guidance of the theory of"Positive Externalities". Moreover, with the foreign experience concerning the legal security of the right of receiving compulsory education as its guidance, the thesis tries to seek for the system remediation to migrant workers'children's right of compulsory education from the point of view of our nation in order to find the answer to the problem of migrant workers'children's right of receiving compulsory education.The question is put forward in introduction part. It is necessary that migrant workers are becoming the transitional form in the process of civilization and industrialization. However, there exist many kinds of system and non---system restrictions on migrant workers and their children after they move into cities, becoming the weaker group in the changing process from planned economy to market economy. Especially the vacancy in the field of governmental financial investment on migrant workers'children's receiving compulsory education leads to the impossibility to achieve equal right of compulsory education.Chapter one introduces the guiding theory of the thesis ---the general theory of the right of receiving compulsory education. As migrant workers'children's right of receiving compulsory education is the result of the fact that the main part of the right is specialized other than a special kind of the right, it owns all the characteristics of the right. In this chapter, the author first focuses on the development of the legalization of right from"common legal adjustment"to"enters into constitution as human rights"then to"enters into the field of international law if human rights". The following part is the analysis of the evolvement of the right's nature from"free right"to"social right". Meanwhile, the main body of the right has changed from"parents"to"our nation". As a result, it is undoubtedly our nation's obligation to pay more attention to the right from all points of view, ranging from enhancing the citizen's qualities, increasing our nation's overall competence to ensuring human rights.In chapter two, the author first introduces the present situation of the legal security of migrant workers'children's right of getting compulsory education in our nation and points out the impossibility to carry out due to the policy---deep system arrangement, which resulting in difficulties of getting education. Next part is the reflection of the situation based on"Positive Externalities". Besides, the author declared that the fundamental reasons for the inadequate security of such right is that the central government hasn't invested enough on compulsory education as it due to and has not find out a practical system of the shift of the educational finance, thus cannot actively carry out its obligation.At the same time, as our society experiences the transformation from"status identity"to"contract", migrant workers experience a special stage named"the combination of status identity and contract"at which their old status cannot be eliminated while their new status cannot be acquired. It is not only the social reason for the inadequate legal security of migrant workers'children's right of receiving compulsory education, but also the reason for our nation's not carrying out its obligation in the field. Finally, the author reflects again and argues that increasing the legal security of migrant workers'children's right of receiving compulsory education is the primary requirement of ensure their human rights as well as the main method to sever the transfer of inferior status and to strive for the impartiality of generation. Moreover it is necessary to achieve equal education and to ensure the stability of cities and retain its sustainable development. The first part in chapter three is the introduction to foreign experience of such right especially of Japan, France, and Indian. That is, the carrier of the invest obligation of compulsory education gradually shifts from local government to the combination of the states and the central, higher government. In those countries, they often make standard shifting payment system concerning compulsory education through national legislation and consider legal relief as the final guarantee to prevent educational administration offices and public schools from getting impingement. From the above, we can conclude that the realization of the right of migrant workers'children's receiving compulsory education is a tough task and it should be completed from every aspects based on the idea of systematic work. That is to say, increasing legislation insurance is the most important step, our government should change its traditional concepts and increase its sense of duty, and esp. the central government should keep in mind that its duty is in the first place and its duty is a kind of direct, primary, and compulsory constitutional obligation. Meanwhile, we should enlarge the scope of legislation, perfect the educational legal system, make laws concerning the legal security of migrant workers'children's right of receiving compulsory education, and take particular care of them because of their lower social status. What's more, it will eliminate the restrictions on migrant workers'children from areas and the reputation of different schools. Consequently, they can choose schools on their will and after considering their practical situations. It is urgent to establish a set of complete legal relief system of receiving the right of compulsory education. Besides, we should strengthen the legislation, administration, and social supervise on such right.In conclusion the author reclaim her view that it is not enough for our nation to show sympathy to migrant workers'children and adopt several instant policies What our government should do is to carry out its obligation of retain and ensure every citizen's right of receiving equal education and pay earnest attention to the realization of such right from the standpoint of human right and human sympathy in order to achieve the goal of ultimate care.