Normative Analysis Of The Principle Of "admission To The Nearest School"

The principle of "proximity to admission" has a deep historical origin in our country,and different historical stages give it different requirements of the times,in the social function change that provides more people with admission opportunities to reduce the burden of school to the education equilibrium,the standard value of the proximity admission principle is to realize the equality of education.In order to achieve equality in education,the laws,regulations and policy documents issued by the state have gradually made "proximity to school" an important admission principle to guarantee citizens equal access to compulsory education at the compulsory education stage.The so-called principle of proximity admission refers to the principle of bottom line admission in the compulsory education stage,which is based on the goal of Education equality and the division of school districts,and guarantees the right of citizens to be educated.The bottom line principle contains two meanings,in the case of citizens,at any time whether to enter the nearest school,is "near" or "far" admission,which is the right of citizens,even if "far" after admission and then give up "far" enrollment and return to the proximity of the admission system,still enjoy the bottom line right to the nearest school;For the Government,the equal rights and the right to education of citizens,as a fundamental human right universally recognized by all countries in the world,have the universal human rights effect in international law,and the most basic requirement of this universality is embodied in the compulsory education stage,which is the bottom line guarantee for the government to fulfill the nearest admission duty-from the State responsibility of international human rights to It is the most basic bottom line required by the international community to guarantee the equal access of students of school age to education at the compulsory stage.Starting from the right system established by the principle of proximity admission,"proximity" to school or "school choice" is the embodiment of citizens ' proper exercise of the right to education,both in terms of the source of rights norms and the exercise of rights,the right of access to the nearest school does not have the priority of the legal status of the right of choice,The standard should establish the main admission mode of the nearest entrance and allow the choice of school within a certain range,advocate the diversified development of education,and meet the different educational needs of citizens.On the other hand,citizens'right of choice of school should not be restricted or even prohibited from exercising,which is a standard problem of exercising the right of choice of school,and any society has the standard of school choice which is suitable for its social development.It is not advisable for "power" and "relationship" to be used as the standard of school choice that violates social equity and damages the equality of education,and under the present situation that the educational resources of our country are unbalanced,and the gap between Interschool is huge Should play its positive significance to give a certain living space.After clarifying the standard system established by the principle of proximity admission,the ultimate responsibility is still to be put into the government.The principle of proximity admission requires the Government to continue to increase the provision of educational resources,School District division needs the government's balance of educational resources continues to expand,only a balanced coverage of educational resources,school District division issues and School District housing problems will be solved.Whether it is the right of school-age children and teenagers to qualify for admission under the principle of proximity to school or the right to equality in the division of school districts,the government has put forward a prerequisite obligation to guarantee the real realization of compulsory education in the nearest school.Only if the Government fully fulfils its obligations of balanced educational resources,reasonable division of school districts and harmonization of proximity standards,can the right of children and teenagers of appropriate age be fully guaranteed,and the principl'e of proximity to admission can more vigorously promote the implementation of the equal value of education.Based on the normative value of educational equality,the classification standard of school district based on household registration system can only guarantee the equality of education in a certain region within a reasonable range,especially in the current educational environment with uneven distribution of resources,but also only formal equality of education and stop in the substantive equality of education,This means that the principle is limited in function and value.And it is this formal education equality is very important for citizens to realize the right to education at the compulsory stage.With the progress of social development and the continuous realization of equality in education,equality of origin and equal opportunity directly determine the degree of realization of process equality and equality of results,without which there is no possibility of changing the status of society directly,and more about the protection of the basic human rights of citizens.Therefore,through the gradual and comprehensive guarantee of the right to education of citizens at the compulsory stage of education and then close to the normative goal of educational equality,"proximity to school" is undoubtedly a more reasonable,fairer and more universal realization of the right to education in the important admission principle.