On The Legislative Perfection Of The Elderly’s Right To Education In China

The proportion of the elderly population continues to ascend unabated,as evidenced by the data gleaned from the Seventh National Census,signifying that China has traversed into a phase of expeditious demographic gerontocracy,thereby engendering a pervasive exigency for elderly education.However,the establishment of standardized elderly education necessitates the inviolable safeguarding of authoritative legislation.The entitlement to education for the elderly emanates from the broader concept of citizens’ educational rights,albeit devoid of explicit expression within the legislative framework.Conventionally,the entitlement to education for the elderly encompasses equitable access to educational opportunities and the prerogative to obtain material remuneration from the state.The elderly,as key agents,are poised to partake in both non-formal and formal educational endeavors.Consequently,this fundamental entitlement merits legal recognition,warranting comprehensive scrutiny throughout the process of its codification.First and foremost,in the process of substantiating the legal recognition of rights,it is imperative to discern the inherent justifiability of enshrining legislation safeguarding the educational rights of the elderly.This undertaking also embodies the theoretical underpinnings of protecting the educational rights of the elderly.Firstly,the educational rights of the elderly exhibit attributes of both individual autonomy and societal entitlement.With regard to individual autonomy,its origin and bedrock lie in the human right to learning,which should be universally accessible as an innate entitlement.Concerning societal entitlement,the actualization thereof hinges upon the degree of fulfillment of state obligations,contingent upon the fiscal condition of the nation and the level of societal institutionalization,yet this should not be construed as precluding the entitlement of citizens in the non-compulsory education stage.Even if the state’s fiscal obligations are yet to be fulfilled adequately,it is incumbent upon us to eliminate unreasonable interference and constraints,striving to attain substantive equality to the greatest extent possible.Secondly,the educational rights of the elderly,as a specific entitlement,assume the function of beneficiary rights,corresponding to the state’s affirmative obligations.These rights also constitute an objective order,imposing certain restraints upon the exercise of public authority.Concurrently,the interpretation of the constitution ought to adhere to the precepts of originalism,construing the term "citizen" in Article 36,Section 1 of our nation’s Constitution to encompass the entirety of citizenry,including older individuals,who possess equal entitlement to state provisions,and the proposition that rights and obligations are harmonized does not negate the enjoyment of rights in the non-compulsory education stage.Thirdly,the educational rights and interests of the elderly are inviolable,and their realization should not be subordinated to the trade.Secondly,the existing legislation inadequately safeguards the effective realization of the elderly’s fundamental right to education.On one hand,the pivotal aspects concerning the educational entitlements of the elderly lack legislative provisions,thereby compromising the protection of their right to education and impeding their optimal societal contributions.Specifically,this encompasses the indeterminate allocation and sourcing of funds for elderly education,necessitating precise legislative mandates.Furthermore,constraints on academic and vocational education based on age persist,with doctoral programs commonly limiting applications to individuals below the age of 35,yet legislative responsiveness remains absent.Additionally,the seamless integration of education and reemployment poses challenges.On the other hand,the legislative framework governing the right to education for the elderly remains incomplete,primarily due to the conspicuous absence of a foundational statute,impeding the establishment of a solid footing for legislation on elderly education and a lack of accompanying comprehensive implementation guidelines.The legislative language predominantly comprises principled provisions,lacking both definitive terms and scientific rigor.Therefore,an imperative lies in refining the legislation to provide a well-defined framework that addresses the practical exigencies.Lastly,through a comparative analysis and comprehensive examination of the underlying causes and foreign legislative models,cogent legislative measures can be ascertained.Firstly,in constructing the legislative framework for elderly education,the adoption of a singular statute on lifelong education,encompassing a dedicated chapter on elderly education,becomes imperative.This entails promulgating legislation that operates in symbiosis with the Constitution and the Education Law,supported by supplementary legal instruments such as the Lifelong Education Law,the Law on Safeguarding the Rights and Interests of the Elder.