The Constitutional Protection of the Right to Education of Rural Children
|Course||Constitutional and Administrative Law|
|Keywords||the right to education the fundamental rights rural children migrant children constitutional protection|
The right to education is that the Citizens should have and require the State to actively provide equal educational opportunities and conditions in order to obtain equal opportunities for survival and development. It is also clearly defined by the international human rights law and the most of the national constitutions.“Right of access to education”、“the right to education conditions”、“equal rights to education”、“fair evaluation of right”is the basic content of the right to education. Although China has formed a certain degree of education legal system, but the legal protection of the educational law is unclear,and the lack of maneuverability; The department of education administrative enforce the law are not very well,lack of proper supervision of the education system;education poor relief and other issues . Weak legal protection, the final analysis is that the guidelines due to lack of spirit of the Constitution,the right to education of the urgent need for constitutional protection of basic constitutional rights. The protect of Constitution is the necessary requirement to preserve the equal right to education of rural children. It is also the objective need to achieve the comprehensive development and strengthen national obligations and needs. Therefore, the constitutional right to education should be improve the protection of the principle of the legislation of the right to education of rural children,standard of education of law enforcement. It is also need for the establishment in China of the constitutional review of judicial system, of course,this can not happen overnight. At this stage,can be explained according to the Constitution the right to education for rural children in ordinary proceedings in the Constitution.