Studying The Right Of The Fair Education In The School District Division

The right of the fair education is the combination of two words:fair and the right to education,which means that every citizen has the right to receive the education fairly.These factors which have a influence on the the right of the fair education are mainly educational resources assignment,the distribution of social power and wealth and the education system.As a part of the education system,the school district division will also have an effect on the right of the fair education.At present,there are three problems in the school district division:the unclear division standards,the unclear division procedure and the unclear way for the public to take part in.Through the specific analysis of the event that the S Education Bureau divided the school district in 2017,it is concluded that this division is legal in the entity and in the procedure.Based on the conclusion,I study further on the entity and the procedure in the general work of the school district division.The research of the general entity content is mainly on the legal and realistic basis of the principle of the entrance to the nearest.Then the article will explain the legislation of the principle of the entrance to the nearest in other countries and the relationship between the principle and the right of the fair education.Meantime,I will further explore the power distribution and supervision in the school district division.How can the power be distributed properly?What is the current situation of the supervision?How does the supervision become "hard"?In addition,further study on the relationship between the right of the urban development and the right of the fair education will be researched.The author thinks that the order of the two rights is not absolute.The right of the urban development can have a priority than the right of the fair education in some proper situation.The research for the procedure content focuses on the reconstruction of the whole procedure of the school district division:the implementation of drafting,the plan announcement,the hearing,the audit,the publish,totally 5 aspects.And it will specify a clear way for the public to take part in the work.In addition,this article also discusses the legal responsibilities of education administrative departments,schools,students and their parents in the district division.What’s more,it also discusses that what legal remedies the relevant parties can take when the administrative department illegally divides the school district.Firstly,because it is an action for the administrative department to make the division file,whether the relevant parties can ask for the administrative reconsideration or the administrative litigation for the reason that the illegal division file violates their-legal interest.Secondly,in addition to the administrative reconsideration and the administrative litigation,whether there is other way can be used for the legal remedy.Finally,the article will tell the relevant parties who take different legal remedy approaches the specific steps.Then the remedy measures can become more operable.