The Research On The Legal Questions Of Fairness Of Compulsory Education

Education, especially compulsory education, from a macro perspective, is animportant driving force for the development and progress of human society. From themicroscopic point of view, compulsory education is an important way to obtaincitizenship survival skills and knowledge. Our Constitution, on the one hand,demands government to take the initiative to perform their duties, popularizecompulsory education, and protect citizens’ right of education; on the other hand,from the perspective of basic civil rights and obligations, claims that right toeducation is the inalienable right of citizens, but also citizens must fulfill. Chinapromulgated the "Compulsory Education Law" and other laws and regulations oncompulsory education in1986then modified and improved in2006, the purpose is toprotect and promote the popularization and fairly implementation of compulsoryeducation. Based on the reality of the test, we can know,"Compulsory EducationLaw" really promote the popularization of compulsory education since it waspromulgated and amended, the penetration of compulsory education has rapidlyincreased. School-age children, youth education and teaching conditions haveimproved significantly. But the role of the "Compulsory Education Law" does notfully play. Compulsory implementation process still has a lot of unfairness. Itseriously hindered the development of compulsory education. The legal questions offairness of compulsory education remain to be solved.Firstly, the meaning of fairness of compulsory education can be described interms of its content and features, and analyzes from two aspects of its legal basis ininternational law and domestic law, and then illustrates the necessity to achievefairness of compulsory education from a personal point of view and the perspective ofnational social development of citizens; Secondly, the unfair current situation ofcompulsory education exist everywhere, the reasons for unfairness of compulsoryeducation should be analyzed, including historical reasons, the implementationreasons, supervision reasons and the legislative reasons; Thirdly, there are many successful experience of other countries on the realization of fairness of compulsoryeducation in our country, including the United States, Japan, South Korea threedistinctive national security model and analyze the revelation of these modes forfairness of compulsory education; Finally, according to the unfair current state ofcompulsory education, our country not only supposes to improve the resourceallocation mechanism, strengthen the education legislation and enforce Lawenforcement, but also imagines several security system of law enforcement andsupervision for fairness of compulsory education in order to truly promote the fairnessof compulsory education.The new "Compulsory Education Law" is to promote fair and practicalcompulsory legal protection. In order to play its role, we should further pay attentionto its execution, and continue to identify and solve new problems, to improve the lawitself to further guide the implementation process of fairness of compulsory education.We not only need to know the importance and urgency to realize the fairness ofcompulsory education, but also need to fully estimate its long-term, arduous andcomplex nature. In this process, we should adhere to the scientific concept ofdevelopment and the right of education, and actively explore and take effectivemeasures to accelerate the progress of realize the fairness of compulsory education.