Educational Fairness: On The Basic Gist Of The New Law On Compulsory Education

China's compulsory education has made great progress since its implementation of the Law on Compulsory Education in 1986. This progress is attributed to the guarantee of this law, but more to the support of the great masses and the promotion of governments of all levels. But taken a close look at the social process, the great social changes happening in recent years in China have been transforming and reorganizing social relationships, with no exception of the traditional educational system. As a result, a series of new problems arise, e.g. how to judge the public nature of the compulsory education; how to deal with the relations between a nation and education; how to guarantee the capital sources of compulsory education and how to guarantee fairness and equality in education, etc.. The extant educational system has been greatly challenged by these ever sharpening problems in the market-oriented economic society.The 29th, June, 2006 witnessed a milestone event in the enforcement of compulsory education, namely, the Law on Compulsory Education (revised) has been endorsed and adopted by the Full Meeting of 22nd Session of the Standing Committee of the 10th NPC. This law consists of 63 articles, 8 chapters, namely, general rules, students, schools, teachers, education and teaching, funds guarantee, legal responsibility and subparagraph, and has come into effect since 1st, September, 2006. It has been 20 years since China's promulgation and enforcement of Law on Compulsory Education to this revised version.The birth of the new version of Law on Compulsory Education marks a new develop section in the compulsory education. Based on the experience of the nine-year compulsory education, this law aims to direct and guarantee the development of compulsory education. With a guiding ideology of fairness and equality in education, and a balanced development of education, it attaches great importance to the quality of compulsory education, and a promotion of a balanced development of compulsory education. To better the rules and regulations to promote the development of compulsory education, the new law provides system guarantee to a sustainable and healthy development of compulsory education in China.Chapter 1 serves as a foreshadowing for the whole paper. It mainly analyzes the pursuit of fairness and equality in the Law on Compulsory Education. Based on the standpoint of educational fairness and equality being fundamental to social fairness and equality, this chapter expounds that educational fairness and equality be promoted by law, and demonstrates the theoretical values and practical values of the establishment of a law.Chapter 2 is an extension of chapter one's study on the fundamental oriented value in the new Law on Compulsory Education. Central on the characteristic of Compulsory Education, this chapter reviews the central issues in the past 20 year's development of Compulsory Education in China. Then it analyzes the problems arising in the demonstration of its nature in the enforcement of Compulsory Education in the past 20 years, and demonstrates the breakthrough of the new Law on Compulsory Education from the perspective of restoring the nature of Compulsory Education, and realization of a fair and equal education.Chapter 3 focuses on the guarantee of capital investment stipulated in the Law on Compulsory Education. Beginning from the study of the transitional locus and features of China's capital investment on Compulsory Education, and its counterpart in other countries and in the former version of Law on Compulsory Education, this chapter expounds the contribution made by the new law on the guarantee of capital investment in the Compulsory Education.Chapter 4 is a study on the promotion of a balanced development of Compulsory Education stipulated in the Law on Compulsory Education. By comparison and contrast, this chapter reviews the conditions and problems in the disposition of educational resources. Using the experience of the disposition of educational resources in other countries for reference, and comparing the concerning stipulations in the old Law on Compulsory Education, it demonstrates the creative points in the new Law on Compulsory Education on the guarantee of fairness and equality of the Compulsory Education, and a balanced development of education.Chapter 5 studies the governmental duties stipulated in the new Law on Compulsory Education. From the standpoint that Compulsory Education belongs to the public, this chapter states that it is the government's duty to promote and guarantee the Compulsory Education, and points out the government's neglects of its duty. Comparing with the Law on Compulsory Education in 1986, it reveals the creative points in strengthening the government duty, guarantee the fairness and equality of the Compulsory Education in the new Law on Compulsory Education.