On The Legal Protection Of Citizens' Equal Rights To Education Of China

China is always the country which extremely values to educate. Along with 2004constitutional amendment "the nation must respect and safeguard human rights"entering the constitution and develeping the socialism harmonious society, thequestions of the right of fair education gradually cause the people attention. Infact, the international society pays attention to the right of fair education andthinks it is a basic human rights, and safeguards it through the internationallegislation. It is researched later in our country. In practice it exists many questions.In particular it seriously affected the realization of the citizen's right of fair educationbecause the legal safeguard mechanism is imperfect. In order to safeguard citizen'sbasic human rights, it has not only the theory significance, but also the practicalsignificance to analyze this kind of question of existence at present and further tostudy the solution.This article altogether is divided four parts, the first part is the legal analysis ofthe citizen's right of education. It'll provide the theory basis for safeguarding thecitizen'right of fair education through elabrating the legal attributeel and defining theright of fair education. It'll provide the legislation model for studying andsafeguarding the right of fair education better through introducting internationallegislation safeguard. The second part elaborates the legislation safeguard of theright of fair education. It analyzes the legislation situation at present and theexistence question in our country, including the legislation fewer quantity, lowerlevel, later by comparison education development, worse educational legislationsystematic characteristic, less operation, with unequal provision and so on. Itprovids some suggestion for consummating the legislation of the right of faireducation through this. It includes that the education legislation should beconsummated, the education law should go a step furtherthe concrete application,enhance its operation. It should be abolished that law and administrative rules andregulations provisions contain discrimination about education. The third part elaborates the administrative law enforcement safeguard of the right of fair education."Only law in paper is insufficient to voluntarily", Although the legislation of the rightof fair education is insufficient consummation, the reason which the right of faireducation is violated is that administration does not enforce the law strictly andpunishment strength does not create enough. It contains certain significanceconsummating administration law enforcement safeguard system for protectingthe right of fair education. The fourth part is judicial safeguard of the right of faireducation. Through analyzing disadvantageous reason that judicature safeguards it inour country at present, including the constitution court not established in theconstitution law suit, the constitution provision not entrusted with the directpotency; in administrative proceedings as a result of prosecution qualificationslimited, court trial scope limited, tradition idea influence and so on; in civil lawsuitthe responsible scope limited and the relations between the power not cleared and soon, the sugguests should be put forward that perfect judicial safeguard. Thesesuggestions include that we must establish constitution court,entrust with the directpotency of the constitution provision; enlarge prosecution qualification ofadministrative proceedings, make clear scope that the court tries the administrativecase; make clear the relation among mainbodies of the right of fair education, enlargecivil law suit managing scope in order to safeguard the eitizen'right of faireducation...