Research On The Legal Protection Of Preschool Children’s Right To Education In China

Preschool education is the initial stage of educational activities,is the beginning of cultivating preschool children’s good behavior habits,good preschool education on preschool children’s lifelong learning,development can have a profound impact.The particularity of preschool children in physical,psychological,intellectual and other aspects makes preschool children special in education.In view of the particularity of preschool children’s education,they need more attention and protection from the government,families and other subjects,and need legal protection.The problems of preschool education can be studied from multiple angles.This paper focuses on the right of preschool children to receive education,and studies and discusses it from the perspective of legal protection.This paper starts with defining the meaning of preschool children,and analyzes the main content and responsibility of preschool children’s right to education.On the basis of many researches on preschool children’s right to education,it is clear that preschool children’s right to education is a basic right stipulated in the Constitution.The practical development of basic rights extends pre-school children’s equal right to education,the right to freedom of education,the right to conditional access to education and the right to relief of education.As a basic right,preschool children’s right to education needs to be realized by the state in the form of fulfilling the obligations of various functional governments.Similarly,the family has a non-negligible role in the realization of preschool children’s right to education.Since preschool children’s right to education needs the state to fulfill its obligations,its theoretical support is preschool children’s right to education right and obligation relationship theory,dual rights attribute theory and basic rights under the state obligation theory,these theoretical basis points out that the state should undertake the corresponding obligations to protect preschool children’s right to education.Chinese pre-school children’s right to education in the legislative guarantee clearly the responsibility of the subject and the content of pre-school children’s right to education,but there are still imperfect laws,administrative regulations and government rules lack of enforcement,local regulations and departmental rules lack of systematic defects.Law enforcement guarantees play the role of administrative legislation,financial input and administrative payment,but there are also shortcomings: the lack of government supervision over preschool education,insufficient financial investment in preschool education,insufficient supply of public kindergartens,weak teachers.Judicial protection involves civil and administrative departments and has a wide range of application,but the relief channels are not smooth,which leads to the obstruction of civil and administrative relief.After the demonstration of the existing defects of the legal protection of preschool children’s right to education,finally on how to improve the legal protection of preschool children’s right to education,after thinking and put forward several suggestions: In terms of legislative guarantee,although the draft of Preschool Education Law has been completed in 2020,it has not been promulgated yet.I hope that the legislative departments will pay attention to the draft,improve the draft,and make it become the basic law guaranteeing preschool education.Of course,it seems that only one Preschool Education Law is not enough,because preschool education is huge and complicated,and also needs to be regulated by other laws and regulations to improve the legal guarantee system.In the guarantee of law enforcement,we should strengthen the supervision of law enforcement of education administrative departments,preschool education institutions and other responsible subjects;To provide adequate funds for preschool education and inclusive pre-school education resources;Building a high quality teaching staff.In judicial protection,the government has set up educational administrative relief channels for preschool children’s right to education,detailed the scope of public interest litigation for preschool children’s right to education,and set up a mandatory reporting system for violations of preschool children’s right to education.