论我国农村留守儿童受教育权的法律保障

发布时间：2018-12-14 17:27

【摘要】：随着我国市场经济的迅猛发展,城乡差距不断拉大,大量农民工为了改变家庭贫困的现状,纷纷“进军”大城市务工或经商,由于不具备将其子女一同随迁的能力,因此导致了我国农村留守儿童这一特殊主体的存在。目前,农村留守儿童问题已经成为我国社会的热点问题。我国始终致力于教育事业的发展,农村留守儿童的受教育权问题必然值得我们深入研究。法律是保障公民权利强有力的工具和手段,农村留守儿童的受教育权必然要借助法律才能得以真正实现。然而,目前我国农村留守儿童接受教育的现状并不乐观。从当前情况来看,留守儿童的受教育权并没有得到应有的法律保护。为了摆脱这一窘境,笔者从法律保障方面作为切入面,探究农村留守儿童的受教育权。论文阐述的内容有四个部分：首先,阐明了国内外学者对农村留守儿童受教育权的研究情况。其次,阐述了该论题研究的相关基本理论。如农村留守儿童的概念,其受教育权的特殊性等。再次,从立法、行政法制、司法、家庭监护四个方面阐述了我国农村留守儿童受教育权的法律保障现状,剖析了当前状况下我国农村留守儿童受教育权存在的问题。主要表现在相关立法存在缺陷,教育行政执法不力,司法救济途径受阻,农民工法律意识薄弱,以及教育财政投入方面存在不足。最后,对应论文中所阐述的问题,笔者提出了相对可行的建议。建议应当加强相关立法建设,进一步完善我国的监护制度与户籍制度,加强规范教育行政执法,完善我国执法监督体系,进一步拓宽司法的救济途径,增强农民工及其子女的法律权利意识,加快完善我国的教育投入机制。
[Abstract]:With the rapid development of China's market economy, the gap between urban and rural areas is widening. In order to change the present situation of family poverty, a large number of migrant workers "march into" large cities to work or do business, because they do not have the ability to move their children with them. Therefore, it leads to the existence of the special subject of rural left-behind children in our country. At present, the problem of rural children left behind has become a hot issue in our society. China is always committed to the development of education, and the right to education of children left behind in rural areas is definitely worth our in-depth study. Law is a powerful tool and means to protect the rights of citizens, and the right to education of children left behind in rural areas must be realized with the aid of law. However, the current situation of rural left-behind children receiving education is not optimistic. From the current situation, left-behind children's right to education has not been given due legal protection. In order to get rid of this dilemma, the author explores the right to education of left-behind children in rural areas from the aspect of legal protection. There are four parts in this paper: firstly, the research on the right to education of left-behind children in rural areas is expounded. Secondly, the related basic theory of this thesis is expounded. Such as the concept of rural left-behind children, the particularity of their right to education and so on. Thirdly, from the four aspects of legislation, administrative legal system, judicature, family guardianship, this paper expounds the current situation of the legal protection of the right to education of rural left-behind children in our country, and analyzes the existing problems of the right to education of rural left-behind children in our country under the current situation. It is mainly reflected in the defects of relevant legislation, the lack of educational administrative law enforcement, the obstruction of judicial remedy, the weak legal consciousness of migrant workers, and the deficiency of educational financial input. Finally, the author puts forward some feasible suggestions for the problems described in the paper. It is suggested that we should strengthen the construction of relevant legislation, further improve our guardianship system and household registration system, strengthen the standardization of educational administrative law enforcement, perfect our country's law enforcement supervision system, and further broaden the avenues of judicial relief. Strengthen the awareness of the legal rights of migrant workers and their children, accelerate the improvement of our education investment mechanism.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.183

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