The Legal Dilemma And System Perfection Of Education-Assistance In China

Education is not only the guarantee of individual comprehensive and free development,but also the foundation of the sustainable development of the country and society.Facing the current our country's many vulnerable groups still unable to equal enjoy educational opportunities,how to improve the quality of education and comprehensively implement the rule of law in education,accelerate the implementation of educational poverty alleviation projects,so that the children of poor families can receive fair and quality education,prevent the intergenerational transmission of poverty become must be facing the problem.On the education assistance in our country the legal dilemma and its system improvement are discussed in this paper undoubtedly the rational allocation of limited educational resources,vulnerable groups equal education right protection and harmonious social order maintenance has important theoretical and practical significance.Education assistance is a relief activity which takes the state,social organizations and individuals as the basic main body to protect the equal right to education for the education of the disadvantaged groups.Enjoyment of actual right of Education,which requires countries in the law to confirm,also need to state in the system and the social resources to be protected,and education assistance system to guarantee citizens' right to education as the last line of defense can avoid education right to become a castle in the air.With the full text of theoretical and empirical research methods,in order to explain the basic theory of education aid as a starting point,its in-depth explanation from five legal norms,legal proceedings,operational mechanism,funding mechanisms and the special aid subject classification.In particular,first of all,from the two aspects of concept and essence to define the connotation of the education assistance,and education equity theory,cost sharing theory,human capital theory constitute the theoretical basis of the education aid,for education aid legislation provides a solid theoretical justification and support.Second,based on the analysis of our country education assistance program on legislation and law,from the legislative status of ascension,monomial legislation enacted and application mechanism of perfect put forward the corresponding suggestion,in order to construct a unified the substantive and procedural laws perfect fusion of law system,education assistance to reduce education aid the uncertainty in the process of implementation.Again,operation mechanism and funding mechanisms play an effective education aid effectiveness indispensable dependent mechanism.So,perfect management and supervision system,the main aspects of change topology management accountability mechanisms and rescue ways to remove obstacles to educational assistance operation and "cost sharing theory" guidance,adhere to government spending at the same time the main while actively guide social forces to share the burden of responsibility for payment of educational assistance funds to construct a diversified funding mechanism onwards,thereby lifting bailed body 'blood'ability to achieve the purpose of self-help rescuers,and balance the interests of all parties limited rescue Pareto optimal allocation of resources.Finally,the plight of the special protection of the rights of the main education aid were to rural children,migrant children or wife,and students with disabilities for the specific institutional arrangements and the type of assistance,in order to eliminate loopholes in the system to protect the special rights and the achievement of the main education aid Education really fair benefit.