The Legal Guarantee of the Right to Education Perspective of Completing the Building a Moderately Prosperous Society in All Respects

As we review the historical process of completing the building a moderately prosperous society in all respects,the rule of law through the right to education,which has played a leading and guaranteeing role in this process,has not only made great achievements,but also set the direction and path for the development of the education system and unleashed education’s momentum in driving social development.The rule of law through the right to education has been established and developed during the great practice of reform and opening-up.After we achieve the goal of realizing all-round moderate prosperity,it is necessary to straighten out the internal mechanisms concerning its next-step development and codify educational laws in order to further promote human rights progress in China.

The Overall Elevation of Protecting the Right to Education in China——A Case Study of the Right to Education in Tianjin Municipality

As one of the fundamental social rights, the right to education not only con- ,cerns the fact that the educated can equally enjoy educa- tional opportunities, but also lays the foundation for exercising their rights in other aspects, such as employ- ment, politics, culture and society, therefore creating the conditions for realizing the all-round development of human beings. During the process of social construction in China, we have attached great significance to protecting citizens＇ rights to receive education, thus ensuring the prior- ity of developing education in our nation. Meanwhile,

The Systematic,Fair and High-quality Development of the Right to Education in China

Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotion of education reform.At the regulation level,the right to education has been systematically guaranteed based on the type and phase of education.At the value level,rural areas,poverty-stricken areas,and vulnerable groups have been given preferential treatment to comprehensively improve the quality of their educational resources such as material and financial resources,teachers and curriculum,and digital education development and ensure fair and high-quality development of their right to education.In the future,equal emphasis on fairness and quality will be the value orientation for the development of the right to education,and the rule of law in education will be needed to further provide systematic and strong institutional guarantees for the right to fair and high-quality education.

On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

The UN Convention on the Rights of Persons with Disabilities and China's Protection of the Right to Education of the Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.

On the Right to Learn as a Fundamental Human Right

With the advent of the learning age,the connotation of the“right to education”can no longer meet the requirements of personal and social development,so it is necessary to introduce the concept of the right to learn with a richer connotation.As a basic human right,the proposal and guarantee of the right to learn directly respond to the practical problems in the information age and the learning age.The right to learn is fundamental freedom enjoyed by everyone to acquire useful knowledge,skill,value,spirit,and attitude through reading,watching,listening,thinking,researching,practicing,being educated,and other learning methods to develop and perfect a personality.The philosophical basis,connotation,attribute,extraterritorial legislative guarantee of the right to learn and the development of the times de termine it should be regarded as a basic human right.Treating the right to learn as a basic human right and systematically guaranteeing it through the amendment of China’s Education Law and other supporting legislation will contribute to the realization of this right,the improvement of national knowledge,and the progress of China’s social civilization.

International Comparative Study on Education Laws of the Persons with Disabilities: An Observation on Regulations on the Education of Persons with Disabilities

The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.

Revision of Regulations on Education for Persons with Disabilities:Concept Innovation and System Improvement

In January 2017, the State Council of the People’s Republic of China revised and adopted the Regulations on Education for Persons with Disabilities The revision, which adapts to the new situation brought by the education reform and development in China, highlights the basic and key role of education for persons with disabilities in helping them to integrate into the society and participate in social life It updates the concept of education for persons with disabilities and improves various systems which ensure the right of persons with disabilities to education The revision and implementation of the Regulations is important for the promotion of education for persons with disabilities, the improvement of the entire education law system and the innovation of concepts of educational development.