The Research About The Equal Protection Of The Right To Education In The Field Of Compulsory Education

As the basic right in our constitution, the right to education always is found insuch constitutions of most countries in the world. Especially the right to education inthe field of compulsory education, which had been improved and developedconstantly, with the continuous development of society and the diversifieddevelopment of disputes over the right to education. We had achieved impressiveresults in this field, except the clause of46in constitution; there were so many lawsabout the compulsory education specially. Such as The Compulsory Education Law ofthe People’s Republic of China, The Education Law of the People’s Republic of China,The juveniles Protection Law and so on. As the special and specific provisions of thecompulsory education, The Compulsory Education Law of the People’s Republic ofChina played important role in the improvement and progress in the protection of theright of education, which guided、promoted and provided such feasible solution forthose disputes over the right of education in the stage of compulsory.However, there were so many problems we can not be ignored with thedevelopment of the laws and regulations in the stage of compulsory. The inequalityexited everywhere in the society, which was the most important problem, and itrestricted the protection and improment of the right to education seriously. So thefocus in this paper is to research about how to protect the equal right to education,and how to make our country’s judicial remedy system better.This paper analyzed in three levels.In the first part, I analyzed the specificity and complexity of the compulsoryeducation, compared with the general meaning of education, such as higher education,through the discussion and research about the contents、features and theories. Aftersuch discussion, I concluded that the “education equality” is reflect of the “equality”in the field of compulsory education.In the second part, I analyzed the inequality in compulsory education from fiveaspects in details, after integrations of such latest education statistics reports, researchtopics, research results, the yearbook of funds, the development balance report of compulsory education. The five aspects were the inequality of different regions,different schools, different ethnic, and between the vulnerable groups and commonchildren.In the third part, also the last part, I put forward some strategies in view ofanalyzing the defect of the legal remedy system in the compulsory education. Theright to education should be justiciable. The law and the government shouldestablished and perfected the procedure and provisions of student appeal system,expanded the litigation plaintiff qualification, solved dispute over education throughadministrative lawsuits, and also established the public welfare lawsuits in the field incompulsory education. We must guaranteed such strategies were useful for theprotection of those juveniles in both law and execution.Compared with the right to education in general, the compulsory education hadits own characteristics. The stage of compulsory education needs more responsibilityand obligation of our country and government. So we must stress the responsibilityand obligation of our country and government during the process of development andimprovement in the stage of compulsory education. Countries and governmentsshould perfected the relevant laws and regulations, perfected the judicial remedysystem as well as other remedy system in all directions to protect the right toeducation in stage of compulsory education.