Abstract:

Education Assistance is that state and society provide assistance for poor students with material in different stages to guarantee that school-age population can get chance to accept education. The right to education is a basic human right and the state have obligations and responsibilities to ensure citizens the right to accept education. However, the establishment of the legal system of our current education assistance is just in order to solve the problem of immediate or local. All kinds of policies, laws and regulations are lack of coordination and unity and there are many defects and problems exist in legal system, legal principles, legal rules. Our education assistance has a big gap compared with the foreign countries which are mature, comprehensive and diversified. On February 12, 2014, the State Council promulgated "the interim measures for social assistance", which has exclusive chapter on the institution of the education assistance. But there are only four principle rules which are lack of operability. Therefore, our county urgently needs to perfect the legal system of educational assistance, in combination with the practical situation of our country and draw lessons from foreign experience, in legislation and system, formulate unified law, clear criteria of recognition of the poor students integrate the ways of education on assistance establish a set of education assistance legal system. Which is adapt to the situation of our country the paper is divided into four parts to study education assistance legal system.

The first part starts with the basic theory of education assistance, defines the concept and legal nature of education assistance and on this basis to explore the theoretical basis of education assistance and expound from the right to education theory, fair education theory, education cost-sharing theory to conclude the rationality and necessity of education assistance legal system.

The second part analyzes the foreign countries in which education assistance legal system are mature, analyzes the legislative concept, specific measure, government responsibility and financial support of these several representative countries, and thus serving as a reference for the improvement of the education assistance legal system in our country.

The third part is combining the present situation of education assistance legal system in our country to analyze the problem in our current education assistance legal system. That Chinese education assistance has the problems of legislative level low, indeterminate responsibilities of the government finance, poor students recognition mechanism defects and nonstandard relief way.

The fourth part in view of the problems existing in the legal system of our country education assistance, Provide suggestions for the perfection of the education assistance legal system. To explore how to strengthen the legislation, clear financial security responsibility, improve the poor students recognition mechanism and standardize the education aid.

Read the article here:   教育救助法律制度研究_刘闯.pdf