Research On Chinese Legislation Of Special Education In The Context Of The Implementation Of The United Nations' Convention On The Rights Of Persons With Disabilities.

The right to education is a basic human right, it is also the premise that the persons with disabilities get employment opportunities and a high quality of life.And the educational status of persons with disabilities will directly affect the level of development of our entire educational career. Since the founding of new China, especially during the30years of reform and opening-up, special education in China has made remarkable achievements:policies and regulations gradually perfect, the government guarantee strength continuously strengthen, the compulsory education of disabled children increasing enrollment, strengthen the special teachers troop construction, the education for the disabled state are obviously improved. But the situation of education for disabled persons still not optimistic. There still has many problems in the current reform and development of special education:compulsory education for disabled children enrollment rate is low, unbalanced development education for the disabled, the system needs to be more perfect; Special education funding shortage, school-running conditions need to be improved; Disabled students’ family general economic difficulties; Special-education teachers construction needs to be strengthened, etc. Special education legislation is a key way for protecting the right to education of the disabled, and promoting the development of special education. And it is also the effective ways to put the "Convention on the Rights of the disabled and to fulfill international responsibilities and obligations of China as a State Party. This article explores our "special education" legislative principles, objects and content in learning from foreign legislative experience, combined with the current situation of special education development, which provides a reference for establishing the Chinese special education legal system.This paper is divided into four parts. The first part, this paper reviews academic research papers about the Convention on the Rights of the disabled and the special education legislation at home and abroad. In addition, this paper also analyzes the problems of the current academic research on special education legislation so as to provide some reference for carrying out the following parts.The second part, the paper analyzes and aggregates the data on the development status of special education in2006-2010which is provided by the CDPF site, the National Bureau of Statistics, the China Education Yearbook and "China’s education funding Statistical Yearbook", then makes a report about the development of special education during the11th Five-Year, in order to provide a realistic basis for further exploring the necessity and urgency of special education legislation and formulating China’s special education law.The third part, the paper gives a detailed demonstration on the necessity and feasibility of our special education legislation, and summarizes the experience of the special education legislation of developed countries and regions. Besides, in the paper the special education legislation of United States, Taiwan and the mainland area in China are primarily compared and analyzed, which in order to provide an insight into the special education legislation in our country.The fourth part, this paper discusses the main content of the special education law, combined with a comparative analysis of the content and features of the special education legislation in other countries and regions, brings the nature, status, purpose of the special education, as well as government responsibilities, financial investment, teachers, institutions and quality evaluation into the main content of the special education law, so that we can provide a reference for the basic content of the special education law.