The Leagle Protection Of The Eduction Rights Of The Community Youths

Recently,along with the transform of education system,society ,values and lifestyle changes,the structure of the family is imbalance. Lacking of social responsibility. With the increasing numbers and range of the community youth,but also exacerbated the trend of young people to community education, which makes management more difficult, especially communities of juvenile delinquency problems, which raised a new topic.The existing legal system can not solve community youth's education problem. Beyound the problem of communitys', it's also including some other factors. for example, some parents lack of a sense of responsibility, the law did not assume a weak awareness of the family should take responsibility for education and other school disguise the so-called"learning difference", non-compliance with the discipline, and difficult to manage of students out of the studies to enhance their rate of colleges and universities taking the college entrance examination, in violation of the Constitution the principle of equal protection of the right to designate the geographical distinction between taking too much difference in scores.Some schools do not accept the student with criminal punishment, given non-custodial sentences and declare probation, parole, as well as completion of sentence minors to resume their education; higher education tuition secretly excessive social refused to low-income children in the University of Education regional imbalance in the allocation of resources, community youth caused by the unequal educational opportunities for the whole community to community youth lack a correct understanding of the right to education, lack of awareness, and so on. The above reasons have resulted in the violation of the right to education of youth community. To solve this problem the only way to improve our community youth protection of the right to education system.In my opponion, the protection of community youth should be solved in two ways: legislative and judicial.Constitution should be put at first level to improve the existing provisions on the protection of the right to education. China's current constitution provides for citizens of the right to education and other than the Constitution of the country, it is more comprehensive and clear. But in the right to education in terms of security measures, blank, the right to education should be strengthened security measures to make a breakthrough for the community youth education of the Constitution explicitly provide the necessary relief. Secondly, we should improve relevant laws. In China's current system of education law, the legislature is limited in quantity and the level is not high, which some relating to the protection of the right to education is even more flimsy. Compared with other countries, China's education legislation on the right to education both in quantity and quality, are still insufficient, particularly in the responsibility for violations of the provisions of the right to education also rather vague. In addition, other laws and regulations should be revised or repealed those who violate the equal protection of the right to education of discriminatory provisions. Finally we must improve our procedures. China's procedural guarantees of the right to education also is very weak, resulting in real life, the right to education and access to legal damage to the phenomenon of relief appeared frequently. Improving procedures, improve procedural law status, helps strengthen the right to education, including the protection of the rights of citizens. Moreover, in addition to improving relevant laws and procedures in terms, also need to develop special procedures to protect the community of young people of the right of education.Administrative litigation of constitutional litigation alternative way to solve the dispute community youth education another way, and most promising, the most effective manner. The reason for this is: administrative litigation relief to community youth education, because education administration is generally the main (executive and schools) or not as chaotic as that if they do not accept their entry, casual dismissal of students, a violation of community youth the right to education. Therefore violations were "Education Law" on the right to education based on the provisions of the law, and in accordance with the "Administrative Procedure Law," provides institute an administrative lawsuit asking the court to be protected by law. Community youth on the protection of the right to education, civil litigation is the main function of the requirements of tort damages, but not to review executive exercise of public schools or the legitimacy of power, the right to education can not be adequately protected. Moreover, schools and community youth executive violations of the right to education of the legal liability arising from the nature of the main character is the law, should in general be given administrative relief rather than civil relief. The right to education and improve the existing judicial relief requirements of the Administrative Litigation relief system, concentrated expression in expanding eligibility plaintiff, the defendant eligible administrative body, the scope of the litigation, as well as special rules, and so on.And we also need to strengthen the administration of justice from the community youth's protection efforts. First, we should introduce the system of constitutional litigation. Since China's Constitution does not require litigation, the Court of the right to education for the party constitution to litigation requests are usually rejected prosecution or inadmissible. Even if the defendant clearly violated the Constitution provides the right to education, the court did not because our system of constitutional litigation, constitutional litigation can not be relief. Secondly, the Constitution has no direct legal effect, can not enter the ordinary judicial proceedings, and general law does not specify any violations of the right to education can be sued. To solve the problem of lack of constitutional protection, I believe that civil rights should be perfect from the Constitution relief system and to establish a system of constitutional litigation perspective consider: constitutional litigation primarily applicable to the legislature and the government's legislative act is the abstract constitutional issues. The establishment of constitutional litigation system to constitutional litigation to protect the community youth of the right to education is an effective way. In the litigation and thus not be able to grant civil community youth education complete relief to the protection of constitutional guarantees to be the last line of defense. Secondly it is necessary to improve civil protection. According to the "right to have relief" principle, the alternative ways through civil litigation to be protected. At present the theoretical circles mainly for the following two points: The first one is the right to education only constitutional rights, is not provided for in the Civil Code, which is not civil rights, but they can be through civil means of relief. The second is the right to education has a double meaning, both constitutional rights, but also civil rights; private sense of the right to education is the traditional civil rights rich personality, perfect and development, the Constitution stipulates that citizens do not affect their right to education as a civil right to exist . Thus, the above two points of support to civil proceedings to protect the right to education. In view of its own characteristics as well as civil law of our country's legal tradition, starting with the civil legal system to protect the community youth of the right to education is feasible. On the present situation, should strengthen civil proceedings can be operable, community youth protection of the right to education of relief. Third, we must improve the administrative litigation protection. I believe that the administrative litigation of constitutional litigation alternative way to solve the dispute community youth education another way, and most promising, the most effective manner. The reason for this is: administrative litigation relief to community youth education, because education administration is generally the main (executive and schools) or not as chaotic as that if they do not accept their entry, casual dismissal of students, a violation of community youth the right to education. Therefore violations were "Education Law" on the right to education based on the provisions of the law, and in accordance with the "Administrative Procedure Law," provides institute an administrative lawsuit asking the court to be protected by law. Community youth on the protection of the right to education, civil litigation is the main function of the requirements of tort damages, but not to review executive exercise of public schools or the legitimacy of power, the right to education can not be adequately protected. Moreover, schools and community youth executive violations of the right to education of the legal liability arising from the nature of the main character is the law, should in general be given administrative relief rather than civil relief. The right to education and improve the existing judicial relief requirements of the Administrative Litigation relief system, concentrated expression in expanding eligibility plaintiff, the defendant eligible administrative body, the scope of the litigation, as well as special rules, and so on.Therefore, I believe that only by strengthening legislation protection and improving the efforts of judicial protection, so we can improve the protection of community youth and the right of education system, Make sure the education right of community youth can be solved perfectly.