Jurisprudential Analysis Of The Right To Choose A School In The Compulsory Education Stage

School selection, as far as its essence is concerned, is behavior that parents select school for children's education. The right to select school is citizens'fundamental right, which refers to the educational options. The importance of education in the social life arose the parents' educational consciousness, and in our country more and more families are eager to get high quality education resources. However, our country can provide limited educational resources of high quality in compulsory education, which cannot satisfy the actual needs of parents and students, then eventually lead to the conflict between supply and demand of high quality educational resources.What's more, these high quality educational resources are often concentrated in big cities or counties, but in rural areas, they are relatively poor, the allocation of resources is in imbalance as well, which forces the parents who attaches great importance to children's education to give up entering the nearby schools and to manage to gain good school's admission qualification for children. When people used improper means to select schools, the corresponding education fair is difficult to be guaranteed, thus people began to question school selection, and the willingness against the school selection is becoming stronger and stronger.The emergence of school selection does not deny the legitimacy of choosing school, because free choice not only is the basic rights of citizens, one of the important contents of receiving education, which is protected by constitution, but also it can meet the demands of compulsory admission policy in our country, and accomplish the original purpose of admission policy, therefore, countries should grantee the right.Nowadays there still are controversies on school selection in theory and in practice, for example, the problems aroused by school choice, how to set up the choice standard, the value orientation deviation may occur if the parents select schools for children, the lag of private schools may hinder the area of the school selection, the limit of nearby enrollment and so on, to clarify the controversies plays important roles in objectively understanding the right of selecting school and exercising the right of school selection.We Can see that the establishment and development of the school selection right is a gradual and long process from the historical evolution of the system of school choice in the United States. The United States once set the nearby enrollment policy as a basic principle of education, then presidents have taken certain measures to encourage selection to meet voters' demand for high quality education, and special education. The promotion from government gave impetus for the nearby enrollment, which makes school selection system become more and more mature, then many countries follow it.If the right of school selection is practical, corresponding guarantee system should be set up. From the legislative level, we must at first give the right of school selection to parents and their children, clearly define the border of right, and promulgated related substantive law and procedural law to protect the right of selecting school can come true smoothly, make the school selection right can turn from "ought to be" into "reality" and let parents and students can freely select school according to their needs for education.This research will be divided into five parts:The first chapter is the introduction part, which mainly introduces the research origin, research purpose and significance, literature review of related research at home and abroad, define related concepts, finally the research methods.The second chapter mainly introduces two parts, the formation of selecting school and development of school selection right, then the legal basis of selecting school right, which analyses the specific formation and causes, list the historical phenomenon, to point out the source determines its inalienable, current "tendency of selecting schools" is. In fact, that parents'educational consciousness is awaking and the social action to gain rights. The legal basis of the analysis is mainly from three aspects:firstly, selecting schools freely is citizen's basic human rights, secondly, selecting schools is one of the content of the right to education protected by the constitution, thirdly, school selection is citizens' rights that should be guaranteed by the country.The third chapter to generalize the theoretical and practical conflict based on the right to school selection, which includes controversy of education fair caused by school selection, the difficulties of setting up standards to school selection, the value orientation deviation caused by parents' substitute of selecting schools for students, the lag of private schools may hinder the choices of selecting schools and neighborhood school policy limits.The fourth chapter summarizes the implementation of the right to select school abroad, to absorb the experience and lessons from it, which mainly introduces the historical evolution of school selection in America and the background and current situation of Japanese school selection system, to point out the enlightenment for our country to inspire the corresponding thinking.In the fifth chapter, the author thinks that the realization of school selection right should be guaranteed from the following parts:the first one is to guarantee the school selection right by legislation, the second one is the standard guide of the proper exercise, the third one is to promote the balanced development of compulsory education to improve the educational quality in compulsory education.