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Research On The Protection Of The Right To Education Of The Disabled In My Country

Posted on:2021-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y YanFull Text:PDF
GTID:2436330611992608Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The right to education,as a basic right closely related to the development of citizens,has increasingly shown profound values in the times.Generally speaking,the higher the education level of an individual,the better his comprehensive quality can meet the needs of social competition,and he can give full play to his talents to achieve the development of freedom and personality.Since the right to education was incorporated into the constitutional norms in 1954,China's education undertakings have made leaps and bounds in many directions and in many fields.People with disabilities,as the largest number of vulnerable groups in China's society,are increasingly concerned about the protection of their right to education by the state and society.From the perspective of specific practice,the current disabled people in China still have the following problems that need to be resolved in the process of education: The existing legislative protection system for disabled people's education is not perfect,the legal content provisions are rough,and the practice is not strong.The state has failed to manage the funding,expenditure,and distribution mechanism of special education.The allocation of special resource classrooms in schools,the design of targeted courses,and the construction of barrier-free environments are still relatively backward.The training,appointment,and assessment of full-time teachers for special education are supported.There are gaps in the system;when seeking legal remedies due to the impaired right to education,the professional reconsideration agencies are faced with insufficient professionalism,the subject of administrative litigation is unsuitable or does not belong to the scope of administrative action review,and other obstacles.In order to solve the above problems,this article starts from the following four parts: First,comprehensively analyze the basic theory of the protection of the disabled person's right to education,and elaborate on the definition,connotation scope and legal basis,especially focusing on the special subject of the disabled person The content of the right to education and the particularity of the right.Second,collect statistical data on the education of persons with disabilities in the past five years from statistical bulletins on the development of the cause of persons with disabilities,statistical yearbooks on the cause of persons with disabilities,the China Yearbook of Education Funds,and the official website of the Ministry of Education.Education status,the current state of the country's system guarantees in terms of legislation,administration and legal relief.Third,comprehensively index related laws,regulations and policies,and elaborate many problems in the legislative protection of the right to education.Using data analysis methods to explain the shortcomings in education funding management,school and teacher team construction in administrative security,and at the same time,by comparing the statistical data of China's eastern,central,northeastern and western regions,to explore the uneven distribution of resources between regions and development The problem of balance.By analyzing the relevant hot cases in recent years,we discuss the obstacles faced by the right to education in legal relief.Fourth,drawing on advanced measures taken by foreign countries in the education guarantee for disabled people,and combining with China's national conditions,we put forward suggestions for the improvement of the guarantee system for the right to education of disabled people.
Keywords/Search Tags:disabled, right to education, legal protection
PDF Full Text Request
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