Research On The Equal Protection Of The Right To Education Of Migrant Children

Since China's reform and opening up,the market economy has rapidly developped,the process of urbanization with the reform of the household registration system has also accelerated.The pace of population movements between urban and rural areas are more and more frequent and migrant workers' demand is increasing in the new living conditions.The resources of good medical care,transportation and education have become the motive force for the transfer of rural surplus labor to the cities and the economically underdeveloped areas in western China to the economically developed regions in the eastern part of China,and thus more and more individual flows are transformed into family migration.Therefore,the protection of the migrant children's rights has been paid more and more attention by the public,especially the equal protection of their right to education has always been a hot topic in the academic circles.In response to these problems,the state has also promulgated a number of laws,regulations and policies to address the migrant workers with their children's education equality and fairness.However,due to the education legislation,the system is still linked with the household registration,school district and local financial capacity,the children's right to education lack the equal protection,so that their right to education is difficult to achieve.Migrant children is a special group in China,it is different from the left-behind children and urban children,and the education situation compared with the urban children is not satisfactory because of the mobility of their fathers,mothers or their families.For example,due to the unequal access to school and school restrictions,some of them can not enter the inflow of public schools to receive education;some can receive education on time but can not enjoy the equal conditions of education,because their children's school teaching quality varies greatly and education facilities backward;and some children are prone to be discriminated against inferiority and other psychological problems,or even drop out of school due to urban and rural culture,living habits and other differences.The right to education is the fundamental right of citizens under the Constitution,and equality is the first meaning.These migrant workers are an important force in urban development,they firmly believe that knowledge can change their destiny,pinning their hopes on their next generation,but their children can not equally enjoyurban resources.Their children also can not successfully enter the city public schools to study because of various policy restrictions.That is undoubtedly a malicious violation of its rights,is not conducive to social harmony and stability.For the reasons,both educational resources and policy barriers,and also household registration system and the lack of legislation and relief.These are sufficient to cause us to reflect that the status quo of the migrant children's right to education and how to protect their right to education equally.Therefore,this article will explain the connotation and necessity of the right to education of migrant workers' children from Shanghai to China,and sort out and analyze the status quo and reasons of the unequal treatment of the children's education right.And on this basis,from the legislation and policy of education,household registration system,remedy of right and guarantee and other aspects are discussed,the aim is to find solutions to the problem of migrant children's right to education from the angle of legislation,law enforcement and justice,and strive to achieve the "China Dream" of people's happiness,harmonious society and long-term stability of the country.