A Study On The Legal Guarantee Of The Right To Education Of Migrant Workers

Since the 1980 s, a large number of surplus labors have swarmed into cities, with the restructuring of rural industry and the advancement of urbanization and industrialization in China. Nowadays, as migrant workers move to cities with families, there arises the problem that migrant children should have equal right to education, an inevitable issue during the period of social transformation in China, which turns increasingly serious as time goes by and causes wide social attentions. It is essential for promoting educational equality and social justice to ensure by law the right to education for migrant children in cities, which is not only conductive to ensuring healthy and comprehensive development of migrant children, and improving and popularizing compulsory education, but also beneficial to coordinating the economic development between urban and rural areas, and promoting social stability and harmonious development.In recent years, as Yunnan has made rapid economic and social development and attracted increasing migrant workers to work in Kunming, contradiction protrudes between intense educational problem of migrant children and rare related practical researches. To alleviate the fierce conflict, the author, on the basis of the data collected from the practical investigation, intends to firstly summarize some achievements and unsolved problems on migrant children’s education in Kunming, and then try to analyze the legal reasons of these problems, and finally put forward some effective and feasible legal strategies to enrich relevant theoretical researches and provide valuable references for administrative departments.Therefore, by adopting the methods of empirical analysis, case studies, comparison and literature citing, this paper will study on relevant legal protection for migrant children’s equal education in Kunming, so as to improve the legal protection of their educational rights, and provide new methods to help solving the problem. This paper is divided into five parts:The first part mainly introduces some relevant concepts and theories about the right to education of migrant children. At first definitions of migrant workers, migrant children and the right of education are made clear. Then some theoretical and legal basis for migrant children’s education are summarized and provided.The second part analyzes the present situation of the legal protection for migrant children’s education in Kunming, based on the field investigation in Kunming. On one hand, the achievements on guaranteeing migrant children’s education in Kunming are introduced; on the other hand, some remaining problems are expounded from different aspects of education.The third part discusses the root causes in terms of educational legislation, administrative enforcement and legal remedy that hinder the realization of equal education right of migrant children in Kunming.The fourth part, through the combination of China’s reality with some successful cases in America and Japan in relevant areas, sums up some enlightenment in improving the legal protection of migrant children’s education in China.The fifth part puts forward some advice on strengthening the legal protection of migrant children’s education from the aspect of legislation, administrative enforcement and legal remedy. In terms of legislation, the author suggests revising and improving some related laws and regulations, as well as formulating the Education Law of Mobile Children. In terms of administrative enforcement, some relevant supporting system should be improved to ensure the government to perform their duties more efficiently. Besides, strict administrative accountability mechanisms should be built to strengthen the supervision over administrative enforcement. In terms of legal remedy, it’s necessary to improve the education administrative remedy and judicial remedy, and to build a complete legal relief system for migrant children’s education as soon as possible.