The Study Of Right To Education In China And Russia

With the progress of the socialist legal system and the deepening of educational legislation in China, the research into the right to education becomes more and more important. The right to education refers to the right of various subjects relevant to education in order to accomplish the right to study and the obligation to education acceptance. It is a kind of ideological system reflecting the economical system, and also a fundamental problem in the research on educational legislation as well as in the constructicn of legal system in education. The right to education is a kind of a social right essentially being decided, classified and protected by the law. The methodology used in this study consists of the methods of history, comparison, literature analysis, graphology, etc., which are basic methods used commonly in the research on educational legislation. The present research is to compare the right to education between China and Russia. The research suggests that it is a kind of basic as well as social right of mankind. It contains three types that consist of national, family and social right to education where the first is dominant. The former Soviet Union underwent a progression experience in the right to education in more than seventy years in which the education to all and the practice of right to education was ensured by educational legislation. After perestroika, Russia still attaches importance to education despite the poor economy, promulgates and implements the Federal Education Act of Russia and other laws and regulations to define the citizen right to education in detail in order to accomplish the educational right. The right to education in China began in the early 1950s when the first constitution was set up. It declared that all the rights, including the right to education and of the nation, belong to the people in the constitution. Since the opening and reform policy was put into practice, the legal system construction of China has further improved, a series of laws and regulations related to education has been promulgated and implemented, the right to education has become more clear, and the right and the obligation with regard to the nation, schools, teachers, parents and students has been clarified. This progress has greatly promoted the accomplishment of right to education, and the right to education in China has met the demands of the Universal Declaration of Human Rights in general. On the basis of comprehensive comparison and analysis of the right to education related to each subject concerned both in China and Russia, it is suggested that the common tendency of development of right to education includes the expanding of option to education, the multiplicity of schooling, the improvement of educational quality, and the reform of evaluation system in education, etc. Some of the problems and difficulties still existing in the right to education, including the difference of right to education between rural and urban areas, the difference of right to education between males and females, the difference of right to education among different nationalities, and the non-assurance of right to education in disabled people, are common both in China and Russia. In view of these problems and difficulties, we suggest some principles in order to promote the accomplishment of right to education, which consists of the protection of the unity of the national right to education and the guarantee of the freedom of education acceptance for individuals. Such steps as to develop the economy, strengthen the educational legislation, establish the democratic social political system, value the traditional culture, and control the population expansion, etc., should be taken in order to speed up the construction speed of the educational legislation as well as strengthen the research of the right to education and the law to education, and promote the equality of the educational chance and accomplish the education to all.