Abstract:

Education, especially compulsory education, from a macro perspective, is an important driving force for the development and progress of human society. From the microscopic point of view, compulsory education is an important way to obtain citizenship survival skills and knowledge. Our Constitution, on the one hand, demands government to take the initiative to perform their duties, popularize compulsory education, and protect citizens' right of education; on the other hand, from the perspective of basic civil rights and obligations, claims that right to education is the inalienable right of citizens, but also citizens must fulfill. China promulgated the "Compulsory Education Law" and other laws and regulations on compulsory education in 1986 then modified and improved in 2006, the purpose is to protect and promote the popularization and fairly implementation of compulsory education. Based on the reality of the test, we can know, "Compulsory Education Law" really promote the popularization of compulsory education since it was promulgated and amended, the penetration of compulsory education has rapidly increased. School-age children, youth education and teaching conditions have improved significantly. But the role of the "Compulsory Education Law" does not fully play. Compulsory implementation process still has a lot of unfairness. It seriously hindered the development of compulsory education. The legal questions of fairness of compulsory education remain to be solved.

Firstly, the meaning of fairness of compulsory education can be described in terms of its content and features, and analyzes from two aspects of its legal basis in international law and domestic law, and then illustrates the necessity to achieve fairness of compulsory education from a personal point of view and the perspective of national social development of citizens; Secondly, the unfair current situation of compulsory education exist everywhere, the reasons for unfairness of compulsory education should be analyzed, including historical reasons, the implementation reasons, supervision reasons and the legislative reasons; Thirdly, there are many successful experience of other countries on the realization of fairness of compulsory education in our country, including the United States, Japan, South Korea three distinctive national security model and analyze the revelation of these modes for fairness of compulsory education; Finally, according to the unfair current state of compulsory education, our country not only supposes to improve the resource allocation mechanism, strengthen the education legislation and enforce Law enforcement, but also imagines several security system of law enforcement and supervision for fairness of compulsory education in order to truly promote the fairness of compulsory education.

The new "Compulsory Education Law" is to promote fair and practical compulsory legal protection. In order to play its role, we should further pay attention to its execution, and continue to identify and solve new problems, to improve the law itself to further guide the implementation process of fairness of compulsory education. We not only need to know the importance and urgency to realize the fairness of compulsory education, but also need to fully estimate its long-term, arduous and complex nature. In this process, we should adhere to the scientific concept of development and the right of education, and actively explore and take effective measures to accelerate the progress of realize the fairness of compulsory education.

Read the article here:   我国保障义务教育公平法律问题研究_陈晨.pdf