Research On The Legal Problem Of Compulsory Education Fiscal Transfer Payment

With the implementation of the strategy of relying on science and education,people gradually realized the importance of education.As an important part of education system,Compulsory education is a kind of external public product,who is the foundation of the social development and the shoulder of the harmonious society development,to realizing the social fairness.Such "collective unpaid salaries of teachers","poor children out of school" events reflects the inadequate education investment in China's rural areas,education development still exist many problems.Governments have some problems in finance rights and asymmetry,is the main reason of these problems.As a powerful lever,financial transfer payment can balancing the development of the Obligations education between urban and rural,the impeccable legal system of obligation education finance transfer payment can effectively solve the financial problems between the government responsibility and the asymmetry in the compulsory education.Promote the balance of the compulsory education development is the main gola of this paper,the legal system of obligations education fiscal transfer payment is the core of the research,analyzes the problems in the legal system of rural compulsory education fiscal transfer payment: The lack of the reasonable legal division in all levels governments' liability;The lack of the scientific basis for the allocation of funds;The lack of the supervision mechanism;The lack of the perfect legal system.United States,Japan and France have much success experience in compulsory education legal system of fiscal transfer payment,which is the guiding significance for our country.With the obligation education finance transfer payment problem in china,we need to perfect our legal system of obligation education fiscal transfer payment.Clear the responsibility in the compulsory education financial transfer payment for all levels of government;Introducing the "factor method",to improve the allocation of obligation education finance transfer payment funds and measurement management;standardize the payment of financial transfer,to compensate for the defects of compulsory education finance transfer payment;Perfect the law and regulation for the education financial transfer payment of relevant,establish a complete legal system and coordination;Perfect the supervision mechanism of rural compulsory education fiscal transfer payment,keep the balance between the powers.