1. Introduction

Yuan xinli Sun Jingchao Law School Lanzhou University of Technology Abstract: As a basic right, citizen’s right to education is of great significance to society and the nation. China has always attached great importance to educational legislation and formed the socialist educational legal system with Chinese characteristics. However, due to the wide range of people involved in education, different needs for education at different stages, and different problems faced by the central and local governments in education legislation, we need to carefully analyze the current situation of education legislation in China and propose targeted solutions for the realization of citizens’ right to education. Key words: right to education; educational legal system; education legislation 1. Introduction Education is the necessary way for people to survive and develop. As an important part of modern human rights, right to education has attracted wide attention from citizens and scholars. Paragraph 1, Article 26, Universal Declaration of Human Rights stipulates that “everyone has the right to education”. The reason why people are different from other animals lies in the ideas and knowledge they possess and one of the most important reasons is education. With imparted values, survival rules and About the author: Yuan Xinli female 1977. 3 han. Fenyang, Shanxi Province Lanzhou University of Technology Associate professor Master Research on Teaching and Educa- tional Administration in Colleges and Universities. Sun Jingchao male 1996. 5 han. Xuecheng District, Zaozhuang, Shandong Province Lanzhou University of Technology Un- dergraduate Research on legal theory. Fund Project: National Philosophy and Social Science Project “State Obligations and So- cial Synergy: Research on Civil Society Rights Protection” (15xfx021). The Education Legislation Research Base Project of the Ministry of Education “Research on Legal Issues of Degree Granting in the Amendment of Degree Ordinance” (No. 2242018S30031). 60 Deficiency and Improvement of Legislation on Citizens’ Right to Education production skills, people are socialized and obtain the skills to make a living independently to survive in the complex society. The right to education is not only necessary for survival but also for development. After solving the problems of subsist- ence and food and clothing, people have to pursue a higher level of life through education. From the objective value function of the right to education, the norm of citizens’ right to education in the Constitution has the function of legislative value and plays the role of establishing the legal order to guarantee the realization of basic rights. The objective value of the right to education requires the state to not only fulfill its obligation to protect citizens’ right to education from being infringed by public power or third party, but also enact legislation under the Constitution. 1) Educational legislation should always guarantee citizens’ right to education; 2) Priority should be given to the value of basic rights when the right to education contradicts with other rights or interests; 3) Administrative power of public organizations undertaking educational functions over students cannot exceed the right to education; 4) Local legislation can guarantee the right to education in the light of local socio-economic development, without violating the principles of the Constitution. The national prosperity lies in education, and building the great power in education is essential for the great rejuvenation of the Chinese nation. The current international competition is essentially the comprehensive national power competition based on economic strength and scientific and technological strength. As the primary productive forces, science and technology play a vital role in economic development and improvement of the level of science and technology lies in the continuous pop- ularization and improvement of education. Without full realization of citizens’ right to education, it will be difficult to improve national quality and creativity and gain the initiative in the fierce international competition. The realization of a well-off society in an all-round way and the great rejuvenation of the Chinese nation are insep- arable from the recognition, respect, protection and realization of citizens’ right to education. 2. The current situation of China’s central and local education legislation 2.1 The basic formation of the national education legislation system The high degree of generality and principle of the Constitution makes it necessary for citizens to have the right legal system to cooperate in order to smoothly exercise their right to education. Articles 19, 24, 36, 42, 46, 47, 49, 89, 107, and 119 61 International Education And Development Vol.3 No.1 2019 of the Constitution of the People’s Republic of China provide a constitutional basis for citizens’ right to education. Article 19 stipulates the national sovereignty of education and the state obligations of pre-school education, compulsory education, secondary education, vocational education and higher education. Articles 26 and 17-20 of the Education Law, the Compulsory Education Law, The Higher Education Law, the Vocational Education Law, the Private Education Promotion Law, and the Imple- mentation Rules of the Compulsory Education Law have detailed regulations; Article 24 of the Constitution stipulates the concept of educating citizens on socialist core values. Other educational laws, such as Articles 3 and 6 of the Education Law, im- plement this policy in all stages of education; Article 36 of the Constitution stipulates that no one may use religion to engage in activities that hinder the national education system. Article 8 of the Law refines it into the principle of separation of education and religion; Article 42 of the Constitution stipulates that the state conducts employment and employment training for citizens before employment, Articles 20 and 41 of the Education Act and the Law on Vocational Education. This principle is con- cretely implemented; Article 46 of the Constitution stipulates that the state trains young people, teenagers, and children to develop in terms of morality, intelligence, and physical fitness. Article 5 of the Education Law and the Compulsory Education Law Article 3 and Article 4 of the Higher Education Law have made specific provisions; Article 47 of the Constitution stipulates that the state encourages and assists in the research and innovation that is beneficial to the people. The Education Law and the Higher Education Law do so. More specific provisions have been made; Article 49 of the Constitution stipulates the family obligations of parents to support underage children, Articles 19 and 50 of the Education Act, and Article 5 of the Compulsory Education Law makes specific provisions; Articles 89, 107, and 119 respectively stipulate that the State Council has the authority to lead and manage education work, the local people’ s government at or above the county level has the power to manage, and the national autonomous areas have the power to manage independently. The Education Law and the Compulsory Education Law. The “Higher Education Law” and the “Private Education Promotion Law” further standardize the responsibilities and authorities of governments at all levels. It can be seen that since the promulgation of the “Regulations of the People’s Republic of China” in 1980, after nearly 40 years of development, the education law has basically covered the field of education in our country and played an important role in confirming, respecting, protecting and realizing the right to education of citizens; “Guided by the Constitution, eight educational laws are the main body, and more than 16 educational administrative regulations constitute a system of socialist education laws and regulations with Chinese characteristics[1] ”. 62 Deficiency and Improvement of Legislation on Citizens’ Right to Education Although China has basically established a relatively complete education legislation system, most of the confirmation, respect, protection and realization of citizens’ right to education have been supported by relevant supporting laws, but there are still many legislative gaps, and many education problems remain unresolved. according to. There is no relevant law follow-up for pre-school education and secondary education as stipulated in Article 19 of the Constitution. Although the pre-school education law has been incorporated into the legislative plan of the 13th National People’s Congress Standing Committee, there is still no legal support. Article 49 of the Con- stitution stipulates the educational obligations of parents. Family education is the main link in personal education. At present, there is no supporting family education law. The specific implementation rules are scattered in other laws and regulations such as the Education Law and the Compulsory Education Law. “Among them, the capacity is too small to meet the practical needs[2] ”. As for the life-long legislation, which involves the interpretation of Article 19 of the Constitution, the author be- lieves that the content of the “national people” in the article is not only national, but also includes people of all ages, and this is what lifelong education refers to. At the stage of the total education received, then China also lacks supporting legislation for lifelong education. In fact, both preschool education and lifelong education can be regarded

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