Study On The Legal Guarantee For The Balance Of Compulsory Education

Since the reform and opening up, especially the fourth plenary session of thethirteenth central committee, Chinese education has got great progress, and also madegreat achievements. On the next century historical moment that human society movestoward, the Chinese government, on January1st,2001, solemnly announced to theworld: China has met the strategic target on basically popularizing the nine-yearcompulsory education and eliminating illiteracy. But, because of the inadequateeducation funding from the government for a long time and the deviation of publiceducation policy, the education development differs significantly between regions,urban and rural areas, and different schools. The phenomenon of Compulsoryeducation disequilibrium also abounds, in which, education resource allocatesunequally, education structure presents unbalanced, the gap of the teachers and theteaching quality highlights and a series of questions emerge unceasingly, seriouslyaffecting the further development of education cause, and directly restricting theeducation justice ideal, damaging the pedagogue’s equal rights, the study on the legalguarantee for the compulsory education has become a major issue in the field ofeducation administrative research in our country.This paper attempts to study the guarantee of the compulsory education, by examining the development of the compulsory education in our country, starting fromcarding the present situation of the disequilibrium of the compulsory education,analyzes the causes and the damage of all kinds of the problems about thedevelopment of compulsory education, and reveals the fact that the inadequateeducation funding is the root of the disequilibrium of the compulsory education. Italso studies the damage to the equal education right because of the disequilibrium ofthe compulsory education from the Constitutional and the Compulsory EducationalLaw, emphasizes the compulsory education is a citizen’s basic rights and obligations,everyone has the right to enjoy the equal opportunity in the compulsory education andhas the right to get education resources equally, listing the responsibilities andobligations of the government in the compulsory education by law, and also shows thepoint of view that the obligations and responsibility of the government is to realizeeducation equalization. Secondly, the paper summarizes the advanced experience ofthe guarantee of the compulsory education in different countries, throughsummarizing the methods and mechanism of promoting the balance of compulsoryeducation all over the world, analyzing the measures and all kinds of efforts andexploration that the Chinese government has made to promote the balance of thecompulsory education. Finally, in view of the present situation that compulsoryeducation is unbalanced, the paper proposes perfecting financial investmentmechanism of the compulsory education, promoting the construction of thestandardized school in accordance with law and strengthening the measures oflegislation of the education, the enforcement of legal protection of the educationadministrative law. It also boldly put forwards a few ideas of establishing the judicialsystem of guaranteeing the balance of the compulsory education, in order to really putcompulsory education balanced, safeguarding the citizen rights and interests.This paper focuses on the theme of the legal protection on the balance of thecompulsory education. In the process of promoting the balance of the compulsoryeducation, only relying on the rigid constraint by law which is a formal system, canwe change the situation that the implementation of the education policy deviatesbecause of the leaders’ personal preference and personal acting arbitrarily. The innovative views of this paper are: the balance of the compulsory educationshould blame to government, the government should pay attention to the theeducation of the lowest and most public, more education funds should be given to therural economic backward areas, and compulsory education teachers should beintegrated into civil servant management and obey the government’s unifiedallocation. Despite all this, the design of the legal protection’s path for the balance ofthe compulsory education does not seem to be bold enough, and the theoretical part ofthe paper is not thorough either. The above-mentioned shortcomings need to beconstantly deepened and improved in future study.