The Comparation Of Chinese Compulsory Education Law And Japanese's

Compulsory education is free education of certain extent in schools for the children in a certain age, which is legislated by state law. It also can be called imperative education, free education or pervading compulsory education. Compulsion includes the parents or the families have the responsibility to send children in certain age into school to receive education, the nation has the responsibility to establish schools for compulsory education, the society has the responsibility to prevent passive effects from the body and mind development of the children in school age.The well development of compulsory education needs the safeguard of compulsory education legal system. Since the Second Session of the Eleventh Central Committee of the Party, all ranks of leaders of the Communist's Party and our nation attach much importance to the building of education legal system of our country. After twenty years, it makes great progress. The framework of education legal system centering on Education Law of the People's Republic of China has taken initial shape and the situation that there is no law to go by for educational work brings to a close.On the meantime of affirming the achievements, we should note that although education laws come into existence continuously, illegal phenomena in educational fields occurs on occasion. For example: some government departments cannot ensure the input for education in accordance with the law; the phenomenon of owing and appropriating education fee still exists in some area; in some districts, teachers'salary cannot be paid on time; teacher's legitimate interests and welfare are always expropriated unreasonably; some school building and field is occupied; sometimes the teaching order is disturbed……All these illegal educational activities obstruct the development of our educational business. It needs educational law theoreticians to study and investigate, use law theories and principles to describe and analyze these problems and then find the solution for them.Since deficiencies for our compulsory educational legal system still exist, this paper hopes to make some effort to the perfection of our compulsory educational legal system through the study on comparison between Chinese and Japanese compulsory educational legal systems.This paper consists of three parts. First, it elaborates the development history and main contents of Japanese and our country's compulsory educational legal system. From the later years of Qing Dynasty to founding of New China, the development of compulsory education is very slow because of the troubles at home and aggression from abroad. The establishment and implement for compulsory educational legal system cannot get enough attention. Since the founding of New China, it makes great progress. However, Japan government put the development of compulsory education at the first place during Meijirshin period. Then they enacted Educational System and it lays the foundations for the process of compulsory educational legal system. From this point we can see the differences on content between our compulsory educational legal system Japanese's.The second part compares the two country's compulsory educational legal system from the aspects of legislation spirit, principle, system and so on and analyzes the essential differences of these two systems. Since"spirit, form and content of law are the three basic constitutes. Content is the skeleton and flesh; form is the structure and appearance; spirit is the nerve and soul of law,"this part devotes more space on analyzing legislation spirit of these two compulsory educational legal systems.Finally, it educes the characteristics of Japanese compulsory educational system and the meaningful use for our country. The constructing achievement of Japanese compulsory educational system is brilliance and the legislation system is perfect. Therefore, it has many valuable points that we can learn.