The Protection Of The Right To Education Of Rural Left-behind Children

With the acceleration of national strategy of urbanization process, especially thevigorous development of small and medium-sized cities, the urbanization of our country, bothin terms of quality and scale, has been largely developed. However, it also causes a series ofsocial problems. The educational rights of the rural left-behind children, which ishighlighted in the process is important. It includes, less chance to gain the preschooleducation with low quality, facing the emotional crisis, mental health, worse results and moredropouts than the normal children.From the perspective of the constitutional law, this article takes the right to education asa fundamental human right to study, and theoretically analyses the concept of the"Left-behind children", the nature and contents of the educational right, and the developmentof its protection. By investigating the children’s right to education in the United States andJapan’s legal system, it reveals, at present, the problems and reasons lying in the left-behindchildren’s educational right protection in our country,so as to deepen the study of theprotection to the education of the "Left-behind children".The author, fully using the Comparative Research and Empirical Research, investigatingthe legal system of the protection to the children’s right to education in United States andJapan, and combining with our country’s present situation, proposes the protection of the rightto education in some system architecture, and lists some specific methods, which can providea reference for the governments’ decision-making, and deepen the public’s emphasis on theproblem. All of these contribute to the healthy growth of the rural "left-behind children",achieving the social harmony. By investigating different countries, the author compares ourand aliens’ nature, contents, and basic principles of the right to education, analyses a series ofpractical problems existing in the protection of the educational rights, such as the custodychange under special circumstances in other countries, assimilates the legal experiences ofprotecting the right to education in the western countries, to provide references in developingand perfecting the approaches to judicial relief of the right to receive education in our country.Finally, to perfect our country rural left-behind children has carried on the deep laws ofprotection of the right to education. Firstly, legislative subjects at various levels shouldperfect the relevant legislation of protection of the right to education, the standing committee of the provincial people’s congress and its standing committee, the municipal people’s largerand can according to the economic development and education development situation,formulate local regulations. Other administrative legislative body can according to need,make the local government regulations. This makes abstract can have a very strongoperational, so as to make the rural left-behind children’s right to education for theimplementation of the real. Second promote the reform of urban and rural householdregistration system, the problem of left-behind children into the city entrance difficult. Third,increase financial input to the rural education, and the realization of the real right to educationin the real sense of equality. Fourth, perfect the minor guardianship system, on the one hand,to strengthen the education of guardians guardianship responsibility, on the other hand toadopt legal means to urge the guardian fully fulfill their responsibility of guardianship. Onlythe guardian set up a high degree of responsibility consciousness, to make the familyeducation and school education to form resultant force, for the left-behind children grow itprops up a stretch of blue sky. Finally, establish and improve the legal relief channel, only byestablishing legal relief channel, multi-pronged can fully realize the relief of left-behindchildren the right to education, make the right to education of left-behind children won’tbecome a dead letter.In one hundred, education for this. Large left-behind children, is a can’t ignore the mainbody, it is related to the sustainable development of rural economy and society, also related tothe prosperity of our great country. Only fully realize the protection of rural left-behindchildren the right to education, to the sustainable development of rural economy and societyto provide the inexhaustible source, China can stands among the peoples of the world with theattitude of reinvigorating China through human resource development.