A Study On The Legal Guarantee Of Compulsory Education Right Of Peasant Workers' Children

Education is one of the most important factors to a national future, for basic education is no universal state, national future development is often limited; Fairness is one of the most important factors to influence social stability, for unfair distribution of social resources, social stability and harmony are often faced with the challenge. So as, the fairness to receive educational right, to a large extent affects the social currently fairness and the future development, based on this understanding, the author has chosen the migrant children educational legal protection as the theme of this thesis.Firstly, the article expounds the historical background of the development of the right to education, and the solution of the problem of migrant children’s right to education, and so as to get the significance of the social development of our country. From the law level, defining the rights and obligations of country and citizen in the compulsory education law relations; For migrant children concept of the compulsory education has carried on the related definition, and refer to two main constitute parts of the children of migrant workers are left-behind children and trailing children, the current situation of two main parts are expounded.Secondly, mainly on the causes of migrant children to education rights has carried on the comprehensive analysis, pointed out that the emergence of the current predicament of this group education right, mainly subject to historical reasons and realistic actors, historical reasons including the configuration of education resources in china, and education finance management system problems in china, realistic factors including education legal environment factors, economic reasons and cultural reasons, legal environment factors is the key of the problem can be solved smoothly.Lastly, At the end of the article, through legal safeguard measures of the related compulsory education problem will draw lessons from other countries experience, put forward the solution of the problem from the angle of administrative law, affirmed the reform of household registration system reform plays the decisive role of problem solving, and has been clear about the direction of reform; put the lead to implement constitutional lawsuit relief of the right to education as an ultimate means, at the same time, combined with the administrative litigation and other means to protect the right to education; and perfect the education legislation related to the right to education of migrant children.