Studies On The Constitutional Protection Of The Right Of Educational Equality Of Rural Students

The educated right is the very basic right for a person's improvement. It is also the foundation and precondition of a citizen's right of living, politics, laboring, working and participating all kinds of social activities. There have been lots of researches on educational right in the field of constitution. Scholars have recognized that the right of educational equality is one of the important parts of constitutional rights. However, researches on the right of educational equality of rural students are not enough. This thesis focuses on rural students, and tries to find a constitutional protection trace to protect their equal educational right.Firstly, the thesis sketches out the basic theory about the right of educational equality. Through analyzing the meaning of the right of educational equality, the thesis points out that it has two attributes , and three aspects which are the equal chance to be educated, to enjoy one county's resources of education, and differential treatment and compensation to the social vulnerable groups. In China the equal educational right of students in and from rural areas has been aggrieved seriously. There are three representations: First, the inequality in distribution of basic education resources between cities and rural areas. Second, the peasants'children in cities have unequal chances in school entrance. Third, they have unequal chances in high education admission.Based on the above statements, the thesis points out that the unequal phenomenon about students in and from rural areas is not in accordance with the sole of constitution as well as the international human rights pact. In chapter 2,through analyzing the constitutions of overseas counties and the international human right pact, the thesis finds that almost every constitution has regulated definitely the equal right of education. There are many aspects, which our constitution can use for reference, such as the main body of right, free compulsory education and differential treatment and forbidding discrimination.It is not enough if there is only regulation in paper constitution. It is more important to protect the right with the system of Review of constitution violation. In chapter 3,the thesis emphatically chooses two cases happened in the U.S.A, which are Brown v. Board of Education and Plyler v. Doe ,to analyze the judicial application of constitution about equal rights in education. Then, the essay compares with the problems in China. Of course, the phenomena about inequality between China and America are different, but that can't become the hindrance to compare and use for reference. Because the two cases in America sort out citizens with race and residential requirement, while in China the students in and from rural areas are sorted out with domicile. That discrimination is both for family or social status, and they both violate the basic soul of equal rights of education in pacts on human rights. At the same time, they violate the essence about the equal rights of education. Because according to the basic principle of equal rights: treating the same likely and the differences differently, prohibition of unreasonable differential treatment or discrimination.On the base of Chapter 3,in chapter 4,the thesis points out that the trace to realize the equal rights of education. Firstly, in constitution making we should strengthen the idea of equality. And we should make clear the important status of the equal rights of education in human society. Then we can carry out the equal rights of education. Secondly, we should amend the clause in constitution which violates the sole of equal rights, and combine the common principle with clause of prohibition of discrimination. Thirdly, we should invest more money and other resources to basic education in rural areas, and protect the students in and from rural areas with leaning administrative measures. Fourthly, we should build Review System of Constitution-violation.