Research On Legal Protection Of The Rights To Education Of Migrant Children In China

Since the adoption of reform and opening policies and along with the course of industrialization and urbanization in China, citizens frequently move from one place to another, a large number of rural workers flooding into cities. They work and settle down in cities. The existence of them has become an important complementary force in the development of China's urban economy. But rural workers are unable to enjoy the public service offered by settlement government and migrant children can't enrollment nearby because of some institutional reasons, such as the present residence registration policy, the urban-rural dual structure, etc. The book "Analysis and Forecast of Chinese Society in 2008", the 2008 Social Blue Paper prepared by Chinese Academy of Social Sciences says that the education problems in China are still rather serious. Under the social development background that pay more attention to fairness and the rural areas realized the objective of popularizing the compulsory nine-year education, the education of migrant children has become the most outstanding problem of educational equity. This shows that the education of migrant children remains a severe social event. It is not only relating to migrant children's own fortunes, but also connecting with the social stability and development in the future.By analyzing the meanings of right to education, the paper attempts to start from theoretical basic point of constitution sense, administrative law sense, civil law sense of the right to education, combines with the current situation of migrant children receive compulsory education and traces to the law and policies about the right to education of migrant children and progress and problems in the course of implementing these law and policies, pays attention to effects on migrant children to receive compulsory education brought by the newly revised Compulsory Education Law, seeks the responsibility and obligation of each body of judicial guarantee for migrant children's rights to education, quests for the countermeasures to perfect the judicial guarantee mechanism of migrant children's rights to law. The paper falls into three parts. The first part summarizes the right to education of migrant children. This part focuses on the analysis of right to education in the legal sense, including the right to education in the constitution sense, administrative law sense and civil law sense and indicates the current situation of migrant children receive compulsory education. The second part discusses the law and policies relating to migrant children's rights to education. This part analyzes the relative law and policies produced before revising the Compulsory Education Law and after revising the Compulsory Education Law and compares with them. The part pays attention to challenges confronting with in the course of implementing the newly revised Compulsory Education Law. The last part discusses the countermeasures to perfect the judicial guarantee mechanism of migrant children's rights to education in allusion to the analysis before.