Legislative Study On The Protection Of The Equal Rights Of Compulsory Education In China

Compulsory education is the foundation of the education.Only the equal right of compulsory education be guaranteed,can we lay the foundation for human and economic development,and promote the construction of harmonious society.China has promulgated and implemented a series of law to protect the citizen’s equal right of compulsory education.However,there are still three deficiencies in compulsory education:Unbalanced development of compulsory education in urban and rural areas;Insufficient development of special compulsory education;The equal of compulsory education of minority lacks of protection.The main problems in rural compulsory education are:High dropout rate;Big gap between urban and rural on the faculty and the conditions of school;Insufficient expenditure in rural compulsory education;The equal right of compulsory education of the migrant children has not been protected effectively.The reasons are:Absence of relevant legislation;Legislative regulations about legal liability and compulsory educational expenditure are not perfect and clear.The main problems in special compulsory education are:Low enrolment rate;Low level of learning in regular class;Lacking of qualified teachers;The total amount of education funds is insufficient and the distribution is uneven.The reasons are:The legal system of special education is not complete;The scope of insurance coverage of the law is narrow.The provisions of special education law on education funds and teachers are not perfect;Lacking of legislative provisions on the relevant procedures in special education laws.The problems in compulsory education of minority are:Low enrolment rate;Low level of bilingual teaching;Weak teachers’ strength;Insufficient investment in education.The reasons are:Lacking of special minority education laws;The legislation of compulsory education of minority is not feasible enough and lags behind seriously.So,we can draw lessons from the United States.Our country should legislate special department law and perfect relevant legal system and legal provision.On the problems of unbalanced development of urban and rural compulsory education,we need to perfect The Compulsory Education Law.First,revising the legislative provisions about the investment system of compulsory education.Then,increasing the investment in rural compulsory education,and clearly defined the source,use,proportion sharing of compulsory education funds and the legal liability of relevant subjects.On the problems of the special compulsory education,it is necessary to formulate the Disabled Education Act as soon as possible and raise the level of legislation.Also,the Disabled Education Act should widen the scope of security for disabled children.Then,adding the relevant procedural provisions and improve parents’ right to education.Also,the law should clearly formulated the funds of special compulsory education and the guarantee of teachers.On the problems of compulsory education of minority,a special education law for minority is needed.First,the funding of compulsory education,the provision about teachers,the bilingual teaching and the legal responsibility should be formulated clearly.Second,improving the maneuverability of compulsory laws and regulations of minority.Third,amending the relevant legislation of compulsory education of minority in time to solve the problems effectively and promptly.