Legal Regulation Of The Division Of Primary And Secondary School Districts In China

At present,China’s nine-year compulsory education has achieved universal,and the focus of compulsory education reform has already shifted to balanced development.School district system is a system design to solve the imbalance of quality education resources in China,and school district division is an important way to ensure that school-age children enjoy equal right to education.However,there are many deficiencies in the current educational legislation on the division of school districts,such as the lack of specific provisions on the principle of nearby enrollment,which is the main basis of behavior,and different procedures used in the division process.The imperfection of the law leads to the excessive discretion of the county education administrative department in the division of school districts,which is easy to cause the emergence of unfair and unfair division of school districts.In recent years,disputes and lawsuits caused by the division of school districts have appeared frequently,attracting high attention from all walks of life,but also exposing the problems existing in the division of school districts,which has a negative impact on the credibility and authority of the government.From the Angle of administrative law,this thesis studies and analyzes the legal problems existing in the division of school districts,and intends to regulate and improve the division of primary and secondary school districts in China.This thesis consists of four chapters: chapter one firstly made a brief introduction of the school system reform in China,and according to the existing law to clarify the concept of district division,further to the district division,discusses and analyzes the properties of the administrative law,according to its constitutive requirements demonstrate that this behavior belongs to the specific administrative act,and in the final expression of the our country implements the meaning of the school districts divided this system.The second chapter mainly explains the status quo of division of primary and secondary school districts in China.First of all,the thesis summarizes the normative documents on the division of school districts at all levels,affirmed the legal achievements of China’s compulsory education reform in recent years,and pointed out the defects in the entity and procedure of this behavior.Secondly,according to the existing laws and regulations,the division of school district based on the nearby enrollment and relative stability of the two legal principles.Finally,this thesis selects five cities distributed in different regions of China as representatives to investigate the reform results of school district division in these cities in recent years.The third chapter analyzes the problems existing in the division of school districts in China.It is pointed out that the entity of division of school district is not clear about the principle of proximity and the defect of single division standard,and the procedure is not perfect,the public participation is not high and the information disclosure is not deep.The author also analyzes the difficulty in the remedy of the right of the act and thinks that the main factors leading to the phenomenon include the wrong positioning of the legal nature and the difficulty in the legitimacy examination of the court.The fourth chapter puts forward the countermeasures to improve the division of school districts in China.First of all,it puts forward the legal principle of perfecting the division of school district,which requires clear nearby admission standard and introduction of trust protection principle.Secondly,elaborated the school district division administrative procedure legalization thought,emphasized that should pay attention to the realization of procedural justice,from the improvement of public participation procedure,the introduction of expert demonstration mechanism,social stability risk assessment and deepening information disclosure four aspects of the improvement of division procedure.Finally,it proposes to broaden the relief channels for citizens to ensure that citizens whose legitimate rights and interests have been violated receive timely and fair rights relief.