Jurisprudential Thinking On The Failing Grades In Compulsory Education In China

In recent years,the education authorities in various regions of the country have pubilshed documents to abolish the failing grades at the compulsory education stage and introduce unified upgrade system.This provision has caused extensive discussion in the society.Most teachers and parents believe that failing grades better protects students' right to education and that there is enough legal basis for retaining the failing grades.Some people think that the failing grades itself is the "right" that students can choose.It is protected by the Constitution and the Law.It should not be interfered by the school and the education administration,and it raises questions about the legality of this measure.Against this public opinion,the paper analyzes and infers the concept of legal rights,and judges the attribution of legal rights of the failing grades,so as to demonstrate the legitimacy and justification of the cancellation of the failing grades,in order to respond to the social disputes.Although there are misunderstandings in the society about the cancellation of the failing grades,it also reflects the improvement of the people's awareness of the rule of law and the protection of students'rights.The problem of the failing grades at the stage of compulsory education is not only an educational problem or a social problem,but also a legal issue.Therefore,it should be consided the failing grades at the compulsory education stage from a perspective of law.Combining the education system with the spirit of the rule of law,is based on the specific requirements of the rule of law,and is also the education trend in the future.Therefore,after the cancellation of the failing grades,how to open up new ways to improve the teaching management system of compulsory education and give more protection to children and young people,so as to make up for the gap in the system of compulsory education after the cancellation of failing grades,which is the ultimate goal of this paper.This paper is divided into five chapters.The first chapter introduces the concept of the failing grades,the cultural background and institutional conditions of the failing grades in China,as well as the evolution of the failing grades in history.The second chapter puts forward the theory of historical legitimacy in the failing grades at the compulsory education stage.The third chapter presume the attribution of the legal rights of the failing grades by Hofield's theory.Overthrowing the failing grades is a student' s legal right point of view.It concludes that the failing grades belongs to the legal right of teaching management,schools have the power to assign grades or not,thus demonstrating the legitimacy of the cancellation of the failing grades in the compulsory education.The fourth chapter supplements the justification of the cancellation of the failing grades at the compulsory education stage;The fifth chapter is the legal advice on perfecting the compulsory education system after the cancellation of the failing grades.