Protection Of The Right To Education For Children 3-6 Years Old

From the perspectives of philosophy of education and educational law, used methodology of literature research, case study, philosophical reflection, etc, this research enumerates some major phenomena of infringement of the right to receiving education of children aged3-6years old in the field of China’s pre-school education, and analyzes reasons of assault. This research will focus on the solutions at some points: origins and the ultimate purpose of protection of the right to receiving education of, the content of the right to receiving education of, the subject of protection of, and the protection mechanism of the right to receiving education of the children aged3-6years old. The aim of this research is to push the agenda of china’s preschool legislation, to enhance the role of guiding, evaluating, encouraging of pre-school education laws, to correct the deviation of current pre-school education, which has been developed inclining to primary school, academic, adult education, and so on. Thus the pre-school education finds their proper value orientation, reverts to its own essence, and becomes the education to bring out the true, the good, and the beautiful. Consequently it will bring happiness and joy to children aged3-6years old in pre-school education. The immediate goal of protecting the right to receiving education of children aged3-6years old is to promote their full, free, independent, distinctive development. The ultimate goal is to make them realize the irnature and social justice in pre-school. The protection is basis, and liberation is the goal.The four aspects of naturality, morality, legality and intentionality are the logical origins of the right to receiving education of children aged3-6years old, which mean the right as "being" derived from the laws of nature; the right as "should being", based on ideal or ultimate concern of pre-school education; the right as "surely being", based on confirmation of morality; the right as "must being", based on being guaranteed by laws. The ideal logical relationship of these four aspects is:"being"="should being"="surely being"="must being". According to existing research results, combined with the care to ultimate value of the pre-school, the origins of the right to receiving education of children aged3-6years old, a theory of justice and the idea of laws are for legal rights, this research theoretical gives a definition of the right to receiving education of children aged3-6years old, and thinks that such rights are to the state, the community, the kindergarten, and the parents. It is the demand of justice, and embodies the value of pursuit of "the priority of children’s right". The essence of the right to receiving education of children aged3-6years old is the reasonable allocation of pre-school education resources, under the principles of brief equality and nonintervention equality, according to the idea of "reasonably meeting the needs of pre-school children aged3-6years old".Comprehensive and comparative analysis of international law and domestic law about3-6years old children’s right to education system of commonality and difference elements, and the existing research results at home and abroad, on the basis of the definition of3-6years old children’s right to education, the purpose of the protection, combined with China’s pre-school education legislation requirements, thus, designs the3-6years old children’s right to education system of our country. Their rights to education of3-6years old children, in the process of education, include six aspects: enjoy equality, personality, health, conditions, benefits and remedies. Such construction system breaks through the phenomenon in tradition, on the right to education confined to constitute the education itself and the entity rights, in the process of all the relevant rights also combine the3-6years old children to realize their right to education and do the organic integration of the entity right and program right.The3-6years old children couldn’t request for rights and also unable to carry out a private aid force and appeal relief, because of restrictions on physiological and psychological conditions and civil capacity to its limits. Therefore, we must set up the full right to education to realize the protection of the subjest. Paper respectively discusses the state, education administrative organs, the kindergarten and the teachers, parents and guardians, mainly social protection source of subject qualification, rights and protection. Six types of protection subject made by "purpose-basis-foundation-means" four elements of3-6years old children’s educational right protection mechanism to function and by legislation protection, active defense, passive relief means and system of social relief means of relief means to function, achieved the purpose of protecting the right to education and promoted the development of3-6years old children.