农民工子女学前教育保障制度的建设
发布时间：2019-07-30 18:03
【摘要】：目前,我国农民工子女接受学前教育仍困难重重,尤其是与优质的学前教育无缘。究其原因,我国学前教育制度存在"缺陷"及由此产生的政府角色缺位是关键。为此,国家应当积极履行立法义务,促进农民工子女接受学前教育的机会公平与实质公平。这一立法至少要解决以下核心问题:一是如何对政府责任立法。政府对公民基本权利实现的授益义务应涵盖物质、精神、服务等方方面面。从目前的客观需要来看,财政投入(特别是中央政府投入)、服务管理、公平保障是政府应承担的首要事项,必须用法律的形式予以明确;二是如何对自主权行使立法。个体权利能否实现及其实现的程度同时离不开个体的自主选择与主动追求,受教育权作为一种行政受益权同样依赖公民自主权行使的程序化。因此在农民工子女学前教育立法中,凡是关联自主权有效行使的程序设定问题,如就学机会向谁提出,就学条件由谁来提供,公民如何监督政府等,都应当有可操作的具体条文予以逐一明确。
[Abstract]:At present, it is still difficult for the children of migrant workers to receive pre-school education, especially with high-quality pre-school education. The reason is that the defect of preschool education system in our country and the absence of government role are the key. Therefore, the state should actively fulfill its legislative obligations to promote the fairness and substantive fairness of the opportunities for migrant workers' children to receive preschool education. This legislation should at least solve the following core issues: first, how to legislate on government responsibility. The government's obligation to realize the basic rights of citizens should cover material, spiritual, service and other aspects. From the point of view of the current objective needs, financial investment (especially central government input), service management and fair protection are the first matters that the government should bear, which must be clarified in the form of law; second, how to exercise legislation on autonomy. Whether individual rights can be realized and the degree to which they can be realized can not be separated from individual independent choice and active pursuit at the same time. As an administrative benefit right, the right to education also depends on the procedural exercise of citizens' autonomy. Therefore, in the legislation of preschool education for the children of migrant workers, there should be specific provisions that can be operated one by one in the legislation of preschool education for the children of migrant workers, such as the procedure for the effective exercise of related autonomy, such as who is proposed by the school opportunity, who will provide the conditions for school attendance, and how citizens supervise the government.
【作者单位】： 浙江纺织服装学院人文学院;浙江大学光华法学院;
【基金】：浙江省哲学社会科学规划课题“农民工子女城市融合的法律保障机制研究”(课题批准号:08CGYD091YBM)的阶段性研究成果
【分类号】：G619.2
[Abstract]:At present, it is still difficult for the children of migrant workers to receive pre-school education, especially with high-quality pre-school education. The reason is that the defect of preschool education system in our country and the absence of government role are the key. Therefore, the state should actively fulfill its legislative obligations to promote the fairness and substantive fairness of the opportunities for migrant workers' children to receive preschool education. This legislation should at least solve the following core issues: first, how to legislate on government responsibility. The government's obligation to realize the basic rights of citizens should cover material, spiritual, service and other aspects. From the point of view of the current objective needs, financial investment (especially central government input), service management and fair protection are the first matters that the government should bear, which must be clarified in the form of law; second, how to exercise legislation on autonomy. Whether individual rights can be realized and the degree to which they can be realized can not be separated from individual independent choice and active pursuit at the same time. As an administrative benefit right, the right to education also depends on the procedural exercise of citizens' autonomy. Therefore, in the legislation of preschool education for the children of migrant workers, there should be specific provisions that can be operated one by one in the legislation of preschool education for the children of migrant workers, such as the procedure for the effective exercise of related autonomy, such as who is proposed by the school opportunity, who will provide the conditions for school attendance, and how citizens supervise the government.
【作者单位】： 浙江纺织服装学院人文学院;浙江大学光华法学院;
【基金】：浙江省哲学社会科学规划课题“农民工子女城市融合的法律保障机制研究”(课题批准号:08CGYD091YBM)的阶段性研究成果
【分类号】：G619.2
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1 曾国;论学前教育立法[J];温州师范学院学报;2003年06期
2 李志强;浅谈“免收农民工子女就学借读费”政策的推行[J];当代教育论坛;2005年08期
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