The Research Of Peasant Worker's Children's Right Of Education

As a basic human right ,the right of education should be protected by the Constitution and laws. The realization of right of education is the basis for citizens to enjoy other rights, and the principle of equality requires the proper meaning of the equal right to education.The peasant worker's children's right of education is the emergence of new problems accompanied by social and economic development. For various reasons, it can not enjoy the equal right of education, and this is contradict with the overall tone of social equality. We should be guaranteed equal right of education-related measures because the peasant worker's children's right of education as the the whole social focus of attention.The right of education require the relative obligation people fulfill their obligations actively,especially the government should perform its obligations actively. Protecting the peasant worker's children's right of education according to law is the need of respecting and protecting human rights, is the need of achieve social justice, isneed of building a socialist harmonious society.Therefore, the research the protecting of peasant worker's children's right of education has important theoretical and practical significance.The article is divided into four chapters, the first chapter analyzes the content of right of education, defines the peasant worker and peasant worker's children, clears the content of the peasant worker's children's right of education from the concept and the history of the evolution of the right of education. Through the formation of the concept of the right of education and education constitutionalizing ,defines the right of education in the elaboration of the status of international human rights.The right of education as a fundamental human right.Chapter two analyzes the right of education guaranteed by the theoretical basis and legal basis from the point of ideal and reality. Theoretical basis is included the all-round development and the requirements of equality, the legal basis from the provisions of the right of education by Constitution, combining sectoral laws and other policies and regulations, forming our legal system protection of the right of education.The third chapter analyzes the status and reasons for the peasant worker's children's right of education. The peasant worker's children have unequal chance of education ,unequal treatment of education and unequal results of education.The reasons of these inequalities arisen are: the constraints of the household registration system, compulsory education system constraints, the status of disadvantaged groups of peasant workers and cultural factors constraints. This part is the prerequisite for the protection measures of the peasant worker's children's right of education,and makes the safeguards have specific targeted.Chapter four on the basis of the argument from previous paper, research the protection measures of peasant worker's children's right of education, respectively, from the legislative, executive, and judicial aspects. In terms of legislation, proposed to amend the provisions of section 46 of the Constitution, and increase "freedom of movement"clause, while increasing anti-discrimination provisions of the right of education. Improving the Compulsory Education Law and related laws from funding security, education equity, the issue of change school, recommended the development of "migrant children education law". In the administration, should reform the rural household registration system, urban and rural development, improve the management system of compulsory education, improve the compulsory education finance system, strengthen the management of schools for peasant worker's children. Household registration system to create dynamic and progressive society stripped additional features household. In the administration of justice, should be through administrative proceedings, civil protection of peasant worker's children's right of education, and should establish mechanisms for constitutional litigation, make the constitutional litigation be the last line of defense in the protection of the peasant worker's children's right of education.