Research On The Relief Path Of Guardians Infringement On The Right To Compulsory Education

In his report to the 19 th National Congress of the Communist Party of China(CPC),General Secretary Xi stressed the need to strengthen China through education and revitalize the country through culture.Admittedly,education and culture,as the soul of national rejuvenation,is the "calcium" of people’s spirit.We can provide inexhaustible power for the great rejuvenation of the Chinese nation by enhancing the soft power of culture.In the process of cultural construction,the protection of the right to education is an important link,and the compulsory education right,as a fundamental right of the right to education,is the most important to ensure its realization and play its purpose and effectiveness.However,in the process of the compulsory education of specific exercise,but the guardian against compulsory education of minors,as objects of minors dependent and trust,the guardian of the compulsory education of easy implementation,influence of the characteristics of big range of finishing guardian of implementation of the infringement,violations,clear under the current system of guardian violations of the compulsory education of minors relief way,analyzes the problems,and put forward feasible countermeasures according to the problem,the maintenance of compulsory education for the minors and the national education career advancement has positive significance.The basic theory of the right to compulsory education should be clarified.Analyze the connotation of the right to compulsory education,clarify the subject of obligation of the right to compulsory education,clarify the nature of the right to compulsory education,combined with the specific content of the right to compulsory education and actual cases to summarize the specific manifestation of the guardian infringement of the right to compulsory education,through the form of analysis of the causes of the infringement of the guardian.The relief situation of guardians infringing upon the right to compulsory education should be clear.Through the legislative and practical aspects of the relief of the status quo is sorted out,from the current relief methods of their own shortcomings,including the civil litigation subject is not suitable,the nature of the mediation agreement is vague,the boundary of judicial review is unclear.The improvement of remedy measures for guardians infringing upon the right to compulsory education should be put forward.Aiming at the inadequacies in the relief methods mentioned above,perfect policies are put forward.In view of the situation that the subject of civil litigation is not qualified,we can expand the subject of supervision by establishing the system of educational public interest litigation.In view of the ambiguous nature of the mediation agreement,we can classify the subjectively malignant different people by clarifying the nature of the agreement and refining the mediation norms.In view of the unclear situation of judicial review,we should clarify the boundary of judicial review and combine written review with substantive review to better guarantee the realization of the right to compulsory education.