Study On The Rule Of Law Guaranteeing Of The Right To Education Of The Elderly

China is facing a situation where aging and digitalization are colliding with each other.Although elderly education is gradually gaining attention and development,the right to education for most elderly people is still difficult to be realized.Therefore,it is relevant to guarantee the right to education for the elderly under the rule of law.The legal protection of the elderly’s right to education is related to their spiritual well-being,the legalization of elderly education,and social fairness and justice.This study starts from the concept and basic theory of the right to education for the elderly,and analyzes the concept,content and characteristics of the right to education for the elderly as well as the legal basis for its guarantee under the rule of law.It pointed out that the right to education for the elderly is mainly composed of the right to equal opportunity in education,the right to make independent choices in education,the right to claim the conditions of education,the right to receive assistance in education,and the right to evaluation of learning achievements.At the same time,it pointed out that the characteristics of the right to education of the elderly are reflected in the voluntary nature of the subject of the right,the spirituality of the right’s creation,the special nature of the way of realization,the diversity of the subjects of obligation and the vulnerability of the right to infringement.Secondly,a comprehensive survey on the status of the realization of the right to education of the elderly was conducted using questionnaire and interview methods.The data obtained from the questionnaire survey were processed by SPSS U software,combined with the interview materials to summarize the existing real-life problems and to conduct an attribution analysis of the difficulties in the realization of the elderly’s right to education from the perspective of rule of law protection.Ultimately,the weak awareness of older adults’ right to education was found to be an important intrinsic factor in the impairment of their right to education.The Country,as the main obligated body to guarantee the right to education of the elderly,its inadequate guarantee is the main external factor for the impairment of the right to education of the elderly.Specifically manifested in terms of legislative protection,the vertical legal system is not sound and the government’s authority and responsibility in elderly education matters are vague;in terms of administrative protection,there is a shortage of financial investment and insufficient supervision of teachers in elderly education;in terms of judicial remedy system,the right to education is not included in the scope of lawsuits,and the lack of public interest litigation system in elderly education restricts the realization of elderly people’s right to education to different degrees.Finally,the difficult realization of the right to education for the elderly is an important social governance issue in our country in the resonance of digitalization and aging.Based on the analysis of the rule of law guarantee of the right to education for the elderly,the following recommendations for optimization are proposed:First,strengthen the publicity and guidance,give full play to the function of the judicial organs to promote the law and expand the scope of the protection of the right to education of the elderly;to create a good atmosphere for the protection of the right to education of the elderly.Second,to strengthen legislative protection,promote local legislation on senior education,and clarify the government’s authority and responsibility in senior education affairs;to strengthen the foundation for the protection of the right to education of the elderly.Thirdly,to enhance administrative protection,establish a long-term mechanism for funding elderly education,and establish a regular registration system for teachers of elderly education;to speed up the pace of guaranteeing the right to education for the elderly.Fourth,improve the judicial remedy system,expand the scope of administrative litigation,and establish a public interest litigation system for elderly education to remove obstacles to the realization of the right to education of the elderly.