Research On The Law And Policy Of The Equality Of Education Right Of The Children Of The Migrant Workers

The farmer’s going to city is not only the inevitable outcome of modernization,urbanization and marketization, but also the objective requirement of social and economicdevelopment in China. With the accelerating economic development and urbanization, alarge number of farmers to went to cities, thus formed a special group called migrantworkers. In my thesis, the migrant workers takes the narrow concept, which refers only tothe famers working in cities with agricultural registered permanent residence. Accompaniedby the phenomenon that migrant workers became economic migrants for economicalpurposes, there emerged a large number of migrant children becoming educationimmigration for the purpose of education. Thus it creates the problem of children ofmigrant workers accepting education equally. Because of the limitation of space, this articlediscusses the equality of children of migrant workers who come to cities with their parents.The children of migrant workers having equal access to education becomes the newsituation and problem which we must be faced up with. This problem is not only related tothe children of migrant worker own development, but also related to the whole socialstability and harmonious development. Therefore, the realization of the equality ofeducation right of children of migrant workers has received extensive attention of academiccircles. However, few scholars pay close attention to the policy of education right ofchildren of migrant workers, which is an important part of education system of children ofmigrant workers. There is no denial that the civil policy in education system of children ofmigrant workers abounds in objective reality and has a great impact on legislative, judicialand other aspects. Nowadays, because the formulation and implantation of education policyof children of migrant workers constantly causing the facts and legal issues, especially tothe policy of different college entrance exam, makes the study of policy of children ofmigrant workers urgent. Designing the system of education equality of children of migrantworkers, not only needs to think from the legal level, but also understand the existing andpredictable civil policy.This article is divided into three chapters analyzing the problem of equality ofeducation right of children of migrant workers.The first chapter interprets the equality of education of children of migrant workers intheory. In this chapter, explains the connotation, nature and value of equality of educationof children of migrant workers. The equality of education of children of migrant workersrefers that the children of migrant workers should have equal access to accepting education.Its basic connotation includes the equality of education starting point, the equality in the process of education, and the equality of education results. The equality of educationstarting point is that everyone has the right to embark on a life of learning opportunities,namely the equality of admission opportunities. The equality of education process is thateveryone in the process of education is treated equally, on the basis of equal treatment topeople of different racial, ethnic and social background. The equality of education result isthat each people gets the need of education and has the equal opportunity of academicachievement. In terms of the nature of the equality of children of migrant workers, it is akind of right system in multidimensional perspective. It not only has the characteristics ofconstitutional and administrative law right, but also the civil right, with strong color ofprivate right.The second chapter interprets the interaction between the evolution of policy andlegislation of the equality of education of children of migrant workers. Civil policy andlegislation influences each other, which shows that the civil policy is a derivative of civillegislation and the civil policy is a tool to realize the purpose of civil legislation. In thischapter, through combing the legislative status quo of equality of education of children ofmigrant workers, our country basically forms the socialist education legal system, the basisof which is constitution, the core of which is education law, and the main body of which iseducation regulations, local decrees and local rules. However, the provisions of thelegislation for the equality of education of children of migrant workers are obviouslyinadequate. In addition that the existing laws and regulations can not keep pace with thedevelopment of the times, so far, there is no special legislation about the equality ofeducation of children of migrant workers in the national level. Then, comb the evolution ofpolicy about the equality of education of children of migrant workers. The policy can bedivided into blank stage, bud stage and gradual perfecting stage in historic policy of everyperiod.The third chapter interprets the policy trial of the protection of the equality of educationof children of migrant workers. In this chapter, firstly review the policy, mainly from theperspective of the implementation status of the policy and the analysis of the policy fromthe aspect of civil law. On this basis, by investigating the education equality system of theadvanced countries such as America, Britain and German, explains the improvement of theway to ensure the quality of education right of children of migrant workers. Finally, discussthe legislation of policy about the guarantee of the equality of education of children ofmigrant workers in depth. Through discussing the necessity and feasibility of the legislationof the policy about the equality of education right of children of migrant workers, proposesome suggestions to guarantee the legislation of policy about the equality of education of children of migrant workers.