Study On Legal Protection Of The Right To Education Of Left-behind Children In Rural Areas Of China

At present,the right of education of rural left-behind children in China is facing such problems as lack of family education,weak teachers and poor basic education facilities.These problems need to be overcome urgently,because the protection of their right to education is conducive to the realization of the value goal of fair education,promoting the transformation of legal rights to practical rights,and guaranteeing the human rights of left-behind children in rural areas.Therefore,it is of great significance to improve the legal protection mechanism of Left-behind children's right to education in rural areas.This article provides an analytical perspective for the improvement of the legal protection of the right of education of rural left-behind children in China from three aspects.Firstly,the status quo of legal protection.In terms of legislative protection,the current legislation concerning the right of education of rural left-behind children mainly includes the Constitution and the Education Law and so on;in terms of administrative protection,the administrative organs provide various services for left-behind children in rural areas,such as providing basic education funds,introducing teachers,etc.At the same time,the administrative organs will severely crack down on illegal acts when their right to education is violated;In the aspect of judicial protection,if the administrative subject violates the right of education of rural left-behind children because of their specific administrative acts,then the left-behind children and their guardians can put forward administrative lawsuits to safeguard their right to education.Secondly,there are some problems in the legal protection of the right of education of rural left-behind children in China,which are manifested in the lack of clarity of the legislative system,the lack of specialized administrative lawenforcement departments and sufficient law enforcement efforts,and the difficulty of starting judicial procedures.Thirdly,the practice and experience of legal protection of children's right to education in foreign countries(regions)can be used for reference,which includes paying attention to improving education legislation,strengthening the administrative protection of the right to education,improving the judicial remedies for children's right to education,and introducing social forces into the work of protecting children's right to education.The way to perfect the legal protection of the right of education of rural left-behind children in China needs to be improved in the following three aspects: first,formulate special legislation,improve the legislative system to ensure the feasibility of legislative protection;secondly,improve the administrative guarantee mechanism,establish special administrative organs,strictly implement the administrative accountability mechanism,improve the financial input mechanism of rural education,and strengthen the enforcement of education law.Finally,we should improve the judicial remedy path,establish a sound public interest litigation system for education,let more subjects participate in the process of safeguarding the right of education of rural left-behind children in China,and enhance the benefits of protecting their right to education.