On Legal Protection In Education Right Of Children Of Migrant Workers

Equal right to education of migrant workers’ children into problems with China’s social transformation, industrialization, marketization a6nd urbanization process accelerated, making large-scale farmers to the cities generated.Equal right to education of children of migrant workers should enjoy legally subject to constraints due to the compulsory education system is lagging behind, the household registration system, is lack of security.And as America national education advocates Jefferson said,"a measure of education can benefit a country or a nation, not only created a number of outstanding talents in education itself, but depends on the national education can benefit more people, is to enable more people to enjoy equal rights to education.So, in this situation, protection of migrant workers’ children education rights, not only for the children of migrant workers is the key to their growth and development, but also the education fairness and social justice, but also related to the harmony of our society development.This article from the equal right to receive education point of view, the problem of legal protection in combination with the reality of current migrant children of migrant workers of the right to education of the children of migrant workers to China’s equal right to receive education.This paper is the legal protection to the right to education of migrant workers children in China from the four part of the paper.Major is:The preface of the children of migrant workers from China’s current city adaptation problems, mainly elaborated the research background, the significance and the domestic and foreign research review.The first part of this text mainly elaborates the connotation of China’s migrant workers’ children, respectively, from the connotation of right and value connotation, for China’s legal protection of the right to education of the analysis, and highly summarized the migrant workers children’s education rights have value, such as justice, equality and human rights.The second part of this text describes in detail the problems of inequality of China’s migrant workers children’s education faced in the city, mainly for the children of migrant workers in their educational opportunities and enjoy education resources reflect the inequality of. In educational opportunity, and college entrance examination enrollment, there are ways in which city children has the difference, but in the enjoyment of educational resources, school teaching environment and its family educational resources are not equal.The third part of this text is to the children of migrant workers affected by the reason of these problems education analysis. This paper is from the point of view of national and social reasons, family reasons perspective, to analyze appear migrant workers children’s right to education is difficult to achieve the equality of reason and multi angle. At the national and social reasons, mainly by the urban and rural economic development is not balanced, affecting the financial system of compulsory education excessive decentralization, and suffered from the household registration system of exclusion, and laws and regulations and the right to education of the children of migrant workers in the imperfect, the implementation of the relevant law is not in place, resulting in the city education of children of migrant workers not equal. In the family, because of migrant workers own physical condition and quality, caused the children of migrant workers is a serious differences with the city children in the learning environment, exacerbated by the children of migrant workers the right to education inequality.The fourth part of this text is according to our country the children of migrant workers equal right to receive education is difficult to achieve this predicament, from the legal point of view to explore the maintenance of relief way China’s migrant workers’ equal right to education for the children. Suggestion is mainly to elaborate from the perfect remedy and construction ways of relief laws existing law. To improve the way to relief the existing laws is to start from education appeal, administrative reconsideration mediation procedure, education, educational administrative arbitration, educational administrative litigation and administrative compensation six aspects of education. Constructing a new legal relief way is discussed from the constitution litigation and public interest litigation point of education, improve the relief system of the right to education law, better protection of the equality of the realization of the right to education, especially the children of migrant workers on the relatively vulnerable groups is more important.The conclusion part is a vision for the children of migrant workers education implementation, hope the education through the legal relief way to obtain and maintain good protection, no damage to the right to education of the children of migrant workers.