Problems And Legal Governess Of Secondary And Primary Schools District Division In China

The Compulsory Education Law of the People’s Republic of China (hereinafter referred to as Compulsory Education Law) prescribes that the school-age children and adolescents go to the nearest schools without tests, but there are no specific regulations on how to carry out these laws.The division of the primary and secondary school districts is in disorder and intertwined with different interests for the lack of related laws, which needs legal governance urgently.Through the legal issues analysis that exists in the administrative actions done during the division of the primary and secondary school districts,this paper means to make the division action carried out-legally so that the division of the school districts can be justified and the education rights of children and adolescents can be protected.This paper is divided into five parts.The first part proposes the problems in school districts division. First of all, a comprehensive elaboration of the chaotic phenomena in school district division nowadays which is caused by many interested parties comprehensively, such as the government, real estate developers, house-owners and parents. Secondly, an analysis of the root causes of these problems throughout describing this kind of chaotic phenomena: scarcity of high quality teaching resources, unfairness of educational equality resource allocation, attractive business interests. Finally, an interpretation of the urgent legal governance of school district division nowadays from education equality, balanced interests, corruption prevention and guarantee of the procedural rights and interests of stakeholders, etc.The second part expounds the division of school district:administrative power operation hovering on the edge of the rule of law. First of all, a comprehensive definition of the behavior nature of school district division. Secondly, an empirical analysis of the school district division from some aspects such as the decision-making body and its manifestation. Finally, an investigation of division legal basis and other regulation basis.The third part is mainly investigates and analyzes the classification principles embodied from school district division documents. Firstly, an investigation of the entity principle of the school district division based on the principles reflected from the school districts division documents of seven cities, collected by the author. Secondly, an analysis of the existing entity principles of administration in dividing school districts according to the changes throughout the years from relevant school district division files and the analysis of the related papers. Finally, the analysis of the problems and development of entity principles.The fourth part is about the empirical analysis on school district division procedures throughout documents investigation.First of all, an observation of primary and secondary school district division procedures nowadays. Secondly, an analysis of the main problems of these procedures based on the investigation of division procedures. Finally, an analysis and clarification of the reform approaches aiming at the problems of school district division procedures.The fifth part puts forward the main legal system’s construction approaches of school district divisions. Firstly, an exposition of the comprehensive legal methods and approaches of school district division. Secondly, an establishment of the legal principles of school district division:substantive and procedural principles. Thirdly, an explication of the administrative subjects as well as their power and responsibilities of our current secondary and primary schools. Fourthly, proposal of the due legal construction of school district division, including the process, legal supervision and remedy mechanism.In the epilogue,he author presents that the root cause of the disorder in the division of the school districts is the imbalance of the educational resources and the lack of high-quality educational resources.During present stage,relevant laws can only guarantee the fairness and justice at a maximum degree and can’t solve the existing problems fundamentally.In order to settle the problem radically, the government should promote the compulsory education balanced development and enlarge the coverage area of the high-quality educational resources.