农民工随迁子女受教育权的平等保护研究

发布时间：2018-01-29 13:57

本文关键词： 农民工随迁子女受教育权平等保护　出处：《上海师范大学》2017年硕士论文　论文类型：学位论文

【摘要】：我国改革开放以来,市场经济飞速发展,城镇化进程随着户籍制度的改革也步伐加快,人口流动在地区之间、城乡之间越来越频繁,外来打工者的诉求在新生活状态下日益增多。城市好的医疗、交通、教育等资源成了农村剩余劳动力由城市、西部经济不发达地区向中东部经济发达地区转移的动力,因而越来越多的个体流动转化为举家迁移。也因此,农民工随迁子女的权利保障在众多诉求中越来越受到社会大众的关注,尤其是其受教育权的平等保护问题一直是学术界热议的话题。针对这些情况,国家也出台了一些法律、法规和政策用来解决外出打工者随迁子女的教育平等和公平问题。然而,有关教育方针和政策仍与地方财政能力和具体户口管理制度相挂钩,农民工随迁子女的受教育权缺乏理所当然的平等保护,直至影响他们受教育权的真正实现。农民工随迁子女是我国的一个特殊群体,它不同于留守儿童也不同于城市子女,由于父辈、母辈或家庭的流动性,其接受的教育情况与城市子女相比不尽如人意。例如,因为入学机会不平等、升学受限制,他们有人不能接受流入地公办学校教育;有的能按时接受教育却无法拥有平等的教育条件,因为外出打工者随迁子女所在学校教学质量良莠不齐、设施落后;由于城乡文化、生活习惯等差异,还有的随迁子女容易被歧视而产生自卑等心理问题,甚至辍学。受教育权是我国宪法规定的公民的基本权利,平等是第一要义。这些外来务工人员是城市发展的重要力量,他们坚信知识改变命运,把希望寄托给自己的下一代,然而他们的子女却不能平等的享受城市资源,因为各种政策的限制不能顺利进入城市公办学校就读,这无疑是对其权利的恶意侵害,不利于社会民生建设。究其原因,既有教育资源、政策的阻碍,也有户籍制度和立法的不完善及救济保障的缺乏。这些足以引起我们对外出打工者随迁子女受教育权的状况及如何平等保护他们的受教育权的反思。因此,本文将立足上海,逐步分析国内处于义务教育阶段外出打工者随迁子女受教育权的内涵、必要性,梳理和分析随迁子女受教育权受到不平等对待的现状及原因,并以此为基础,分别从形式平等、实质平等、教育立法和政策、户籍制度、权利救济和保障等几个方面进行论述,旨在从立法、执法、司法等角度出发寻找解决外出打工者随迁子女受教育权得到同等保护的对策,从而进一步促进人民幸福、社会和谐、国家长治久安“中国梦”的实现。
[Abstract]:Since China's reform and opening up, the rapid development of the market economy, urbanization with the rapid pace of the reform of the household registration system, population flows between regions, between urban and rural areas between more and more frequent. The demands of migrant workers are increasing under the new living conditions. Urban good medical care, transportation, education and other resources have become rural surplus labor force by the city. Because of the power of transferring from the underdeveloped areas in the west to the economically developed areas in the central and eastern regions, more and more individual mobility has been transformed into the family migration. The protection of the rights of migrant workers' children with emigration has been paid more and more attention by the public, especially the equal protection of their right to education has been a hot topic in academic circles. The State has also introduced laws, regulations and policies to address the issue of equality and equity in the education of migrant children. The relevant educational principles and policies are still linked to local financial capacity and specific hukou management system, and the right to education of migrant workers' children with emigration lacks the equal protection that they take for granted. Until the real realization of their right to education. Migrant workers with moving children is a special group in China, it is different from left-behind children also different from urban children, due to the mobility of parents, parents or families. Their access to education is not satisfactory compared with that of their urban children. For example, because of unequal access to school and limited access to education, some of them are unable to receive public education in the places where they live; Some can receive education on time but can not have equal educational conditions, because migrant workers with their children's school teaching quality is mixed, facilities are backward; Due to the differences between urban and rural culture, living habits, and other psychological problems, such as inferiority complex and even dropping out of school, the right to education is the basic right of citizens stipulated in the Constitution of our country. Equality is the first priority. These migrant workers are an important force in the development of the city. They firmly believe that knowledge will change their destiny and place their hopes on their next generation. However, their children can not enjoy equal access to urban resources, because the restrictions of various policies can not smoothly enter urban public schools, which is undoubtedly a malicious infringement of their rights. Not conducive to the construction of people's livelihood. The reason is that there are educational resources, policy obstacles. There are also the imperfections of the household registration system and legislation and the lack of relief protection, which is enough to cause us to reflect on the situation of migrant workers' right to receive education with their children and how to protect their right to education on an equal footing. Based on Shanghai, this paper will gradually analyze the connotation and necessity of the right of migrant workers in compulsory education stage to receive education for their children, and comb and analyze the status quo and reasons of unequal treatment of children's right to education. And on this basis, respectively from the form of equality, substantive equality, education legislation and policies, household registration system, rights relief and protection and other aspects of the purpose of legislation, law enforcement. From the angle of judicature, the author tries to find a solution to the equal protection of the right to education for the children of migrant workers, so as to further promote the people's happiness, social harmony and the realization of "Chinese Dream" for a long period of time in the country.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：G521

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