Realization Of Educational Rights Of Rural Wokers' Children Dwelling In Urban Area

On accordance with the categories of rights and obligations, educational rights features first and for most a constitutional right, which is regulated in the 46th article of the Constitution saying that "Citizen of the People's Republic of China has the duty as well as the right to receive education. The state promotes the all-round development of children and young people, morally, intellectually and physically." The rights of citizen embodied in the Constitution are the fundamental rights and the direct and sole evidence for the rights granted by the ordinary acts. As a constitutional right, the educational right must be embodied in the ordinary law, such as the Compulsive Law and the Education Law.Nevertheless, as we all know, the rights in law do not necessarily mean the rights in reality. Changing the legal rights and obligations into the realistic rights and obligations, corresponding guarantees must be needed. The focal point in this research is the realization condition of education rights of rural worker's children, which have two main respects: firstly, the safeguard provided by the state; secondly, the safeguard provided by the rights and obligations subject that is approved by the state. The present problem of the realization of rural workers' children's educational rights mainly exists in the insufficient safeguard offered by the state. This research shows that two urgent and prominent guarantees must be provided for the realization of education rights of rural worker's children instantly. One is that the identity of rural worker and his children be ensured, including their political rights; the other is that the social economic rights of the rural worker be guaranteed.