| Implicit dropout refers to the early or late performance of dropping out,failing to complete the required courses at graduation,but still retaining the educational status of the individual or group with school status.At present,China has made the educational strategic choice of "integration of urban and rural areas,focusing on the countryside,reflecting positive differences".This article takes the hidden dropouts of rural teenagers and related legal issues as the object of investigation,from the perspective of legal sociology,Appropriate use of empirical methods,a comprehensive analysis of the implicit dropout problem,and put forward specific ideas and countermeasures for the legal solution of the implicit dropout problem.The first chapter analyzes the current status of implicit dropouts,classifies the forms of implicit dropouts,and points out the legal nature and harm of hidden dropouts."Conscientious and powerless" and "negative coping type" are relatively early manifestations of implicit dropouts.The "wrong truancy" and "long-term sick leave" forms under the inappropriate education and disciplinary mechanism The "tripartite collusion type" implicitly dropped out of school.The right to education at the stage of compulsory education is a basic right.It is mandatory.The implicit dropout is the individual ’s free choice.In fact,it is the defeat of the right of rural youth to receive education.It is the interruption of the learning process of compulsory education and the goal of compulsory education.The failure is due to the substantial inequality of the right to study opportunities,the right to study conditions and the violation of the right to evaluate learning.It is a cumulative educational injustice.It is a blind spot and difficult point that are easily overlooked in education law enforcement.It restricts the healthy growth of individual rural youth.Weakening the quality of education,aggravating unfair education,and weakening class mobility.The second chapter analyzes the legal dilemma reflected by the hidden dropout problem of rural teenagers from four dimensions: family education and preschool education,main body of school education,law enforcement,and rural values.First,the legal predicament of family education and pre-school education together led to the rural youth losing ground.Second,the legal predicament of the main body of school education is mainly reflected in the legal predicament of school education and teachers.The third isthat the predicament of implementing compulsory education law is mainly reflected in the insufficient applicability of my country’s existing compulsory education legal system and the dilemma of law enforcement and justice.The fourth is the dilemma of legal culture caused by rural values,and the weakening of legal authority by farmers’ “economic rationality”.The third chapter proposes the legal ways to solve the problem of hidden dropout of rural juveniles from the perspectives of legislation,law enforcement and judicial security,and education of the rule of law.The comprehensive development of rural society,economy,culture and other aspects under the guarantee of the rule of law is the fundamental way to achieve educational equity.Preventing and controlling the hidden dropout of rural youth,improving the quality of compulsory education,and promoting the equitable development of education must rely on the guarantee of the rule of law.Based on the current status of the rule of law in education,it is proposed to speed up the legislative process and improve the education rule of law system,that is,to accelerate the legislative guarantee of pre-school education and family education,promote the fair starting point of education for rural teenagers,promote the legislative work of school education,and clarify the multi-subjects related to school development The relationship of power and responsibility protects the rights of teachers and students.In view of the dilemma in law enforcement and justice,it is proposed to strengthen the law enforcement guarantee for cases of infringement of the drop-out students ’right to education.It is necessary to improve the judicial relief mechanism of education equity in China and explore the civil public interest litigation system of compulsory education;based on the interdependence of rural education and rural society The relationship between rural areas and the lack of legal culture in rural areas suggests that through rural revitalization legislation,a comprehensive urban-rural linkage platform should be built,the urban-rural compulsory education linkage mechanism should be improved,and special legal education for compulsory education should be vigorously developed to establish a culture of respecting teachers and teaching in rural areas. |