Research On The Legal Guarantee Of Preschool Children’s Right To Education

Preschool children’s right to education mainly refers to the right of preschool children to receive cultural education and the right to receive educational material support.It is a basic right given by the Constitution and has the dual nature of the right to freedom and the right to social rights.Preschool children’s right to education mainly includes the right to education,the right to freedom from improper education,the right to education equality and the right to study.The guarantee of children’s right to education mainly follows the principle of maximization of children’s interests and non-discrimination.In our country,the phenomenon of "difficult to get into the garden","expensive to enter the garden"and the frequent occurrence of child abuse have affected preschool children’s access to cultural education and material assistance.The right of preschool children to receive education needs the special protection of children based on the law.In recent years,the academic circles pay more and more attention to the pre-school education legislation,and many scholars appeal to the pre-school education law to be promulgated.On September 10,2018,the pre-school education legislation formally entered the vision of the standing Committee of the National people’s Congress.The Law on Preschool Education is included in the legislative plan of the standing Committee of the National people’s Congress,which means that the law of pre-school education of high rank will be published soon.The perfection of the legal protection of preschool children’s right to education is an inevitable requirement for children to grow up healthily,and also an inevitable requirement for governing the country according to law and administering education according to law.This article begins with the legal theory of preschool children’s right to education,and analyzes the concept,characteristics,main contents and basic principles of protection of preschool children’s right to education,as well as the obligation of the state.It is pointed out that the right of preschool children to receive education is the right of preschool children to actively provide equal conditions and opportunities for education in accordance with the law in order to protect their own interests such as learning opportunities,learning conditions and learning success.It has the attributes of social right,liberty right and welfare right.The main content is freedom of education,equality of education,protection from improper education and right to study.At the same time,it is pointed out that the right to education of preschool children should be followed by children.The best interests and the principle of non-discrimination are analyzed from the theoretical and normative aspects of the legal protection of preschool children’s right to education on the legal basis of the state obligations.Secondly,the importance and necessity of the protection of preschool children’s right to education are analyzed from the point of view of governing the country by law,administering education according to law,education fairness and human rights protection.Furthermore,the analysis of preschool children’s right to education is faced with the reality that the right to education is not respected,the right to study is restricted,the equal right to education is not effectively guaranteed,and the personal rights of some children are infringed.By summing up the practical problems,this paper tries to find out the deficiency in the implementation of the state’s obligations.The causes of real problems.Finally,from the legislative and judicial aspects of legal protection to resolve the lack of legislative protection,lack of administrative protection,insufficient judicial relief.In the legislative aspect,mainly through the formulation and introduction of pre-school education law to solve the lack of high-ranking laws,through legislation to strengthen the administrative guarantee to solve the problem of too loose access mechanism of pre-school education institutions,insufficient capital investment and so on;In the judicial aspect,it is mainly through the introduction of the educational public interest litigation system and the expansion of the scope of the administrative litigation to ensure the full exercise of the preschool children’s right to receive education in the pre-school education stage.