流浪乞讨儿童受教育权保障探析
发布时间：2018-12-13 12:22
【摘要】：近年来，有关弱势群体的权利保护问题已被越来越多人的所关注，流浪乞讨儿童作为比较特殊的弱势群体，其权利保护在媒体的关注下也成为了焦点。当前，我国政府已实施了一系列保护流浪乞讨儿童合法权益的措施，但这些措施主要都集中在保护他们的人身安全和基本生活方面，而对其受教育权的保护方面还相当不足。因此，从儿童的生存和长远发展来看，保障流浪乞讨儿童受教育权的实现就显得尤为重要。 在本文写作过程中主要运用了文献研究法和比较分析法，重点分析了现阶段我国流浪乞讨儿童受教育权所面临的现状及困境，并探索出了完善我国相关法律法规及其他的具体保障措施。 全文分为三部分： 第一部分，本部分对流浪乞讨儿童受教育权的基础理论进行了分析。首先，对流浪乞讨儿童定义进行了界定，并且阐述了受教育权的涵义，包括受教育权的概念、特征、内容及意义，对国内外受教育权的法律规定也进行了分析。根据对受教育权的上述剖析，进一步分析流浪乞讨儿童受教育权内容、特点，，并分析了保障流浪乞讨儿童受教育权的必要性。 第二部分，本部分指出我国流浪乞讨儿童受教育权的现状。内容主要包括流浪乞讨儿童的成因及流浪乞讨儿童受教育权保障的现状。其成因主要包括：家庭贫困；不法团伙对流浪乞讨儿童的控制；学校教育方式不当及家庭环境的不良影响等。虽然政府部门和相关救助组织已对流浪乞讨儿童的受教育权进行了积极有效的救助,但流浪乞讨儿童的生存和受教育现状仍不容乐观。 第三部分，阐述了我国流浪乞讨儿童受教育权保障存在的困境。主要表现在：缺乏具体法律支撑；现有救助制度不完善；监护人监护职责缺失；社会支持的缺失及政府职能缺位。 第四部分，本部分主要是对流浪乞讨儿童受教育权保障制度完善方面的建议。如：必须明确流浪乞讨儿童受教育权保障的原则；完善相关法律法规及救济途径；建立流浪乞讨儿童强制性救助制度；落实政府责任，加大执法力度等。另外，本文还重点对流浪乞讨儿童的教育模式进行了有益探索。包括：实施以“救助站为中转”的受教育权新型保障模式，创办流浪乞讨儿童社区救助学校，设立志愿者服务基地等。
[Abstract]:In recent years, more and more attention has been paid to the protection of the rights of vulnerable groups. As a relatively special vulnerable group, street begging children have become the focus of the media. At present, our government has implemented a series of measures to protect the legitimate rights and interests of vagrant and begging children, but these measures mainly focus on the protection of their personal safety and basic life, but the protection of their right to education is still quite inadequate. Therefore, from the point of view of the survival and long-term development of children, it is particularly important to ensure the realization of the right to education of street begging children. In the process of writing, this paper mainly uses the method of literature research and comparative analysis, focusing on the analysis of the current situation and plight of the right to education of vagrant and begging children in China. And has explored the consummation our country related laws and regulations and other concrete safeguard measures. The paper is divided into three parts: the first part, this part analyzes the basic theory of the right to education of street begging children. First of all, the definition of vagrant begging children is defined, and the meaning of the right to education is expounded, including the concept, characteristics, content and significance of the right to education, and the legal provisions of the right to education at home and abroad are also analyzed. According to the above analysis of the right to education, the content and characteristics of the right to education of street begging children are further analyzed, and the necessity of ensuring the right to education of street begging children is analyzed. The second part, this part points out the current situation of the right to education of vagrant begging children in our country. The content mainly includes the causes of vagrant begging children and the status quo of their right to education. The main causes include: family poverty, control of vagrant and begging children by illegal gangs, improper school education and adverse influence of family environment, etc. Although government departments and relevant relief organizations have been active and effective aid to the right to education of street begging children, the survival and education situation of street begging children is still not optimistic. The third part, elaborated our country vagrant begging child to receive the education right safeguard existence difficult position. The main manifestations are: lack of specific legal support; the existing aid system is not perfect; the absence of guardianship responsibilities; the lack of social support and the absence of government functions. The fourth part, this part is mainly to the vagrant begging child to receive the education right safeguard system consummation suggestion. For example, it is necessary to make clear the principle of guaranteeing the right to education of street begging children; to perfect the relevant laws and regulations and relief ways; to establish the compulsory relief system for street begging children; to implement the government's responsibility, and to strengthen the enforcement of the law, and so on. In addition, this paper also focuses on the educational model of street begging children. It includes: implementing a new mode of ensuring the right to education with the aid station as transit, setting up community aid schools for vagrant and begging children, setting up volunteer service bases, etc.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D921
[Abstract]:In recent years, more and more attention has been paid to the protection of the rights of vulnerable groups. As a relatively special vulnerable group, street begging children have become the focus of the media. At present, our government has implemented a series of measures to protect the legitimate rights and interests of vagrant and begging children, but these measures mainly focus on the protection of their personal safety and basic life, but the protection of their right to education is still quite inadequate. Therefore, from the point of view of the survival and long-term development of children, it is particularly important to ensure the realization of the right to education of street begging children. In the process of writing, this paper mainly uses the method of literature research and comparative analysis, focusing on the analysis of the current situation and plight of the right to education of vagrant and begging children in China. And has explored the consummation our country related laws and regulations and other concrete safeguard measures. The paper is divided into three parts: the first part, this part analyzes the basic theory of the right to education of street begging children. First of all, the definition of vagrant begging children is defined, and the meaning of the right to education is expounded, including the concept, characteristics, content and significance of the right to education, and the legal provisions of the right to education at home and abroad are also analyzed. According to the above analysis of the right to education, the content and characteristics of the right to education of street begging children are further analyzed, and the necessity of ensuring the right to education of street begging children is analyzed. The second part, this part points out the current situation of the right to education of vagrant begging children in our country. The content mainly includes the causes of vagrant begging children and the status quo of their right to education. The main causes include: family poverty, control of vagrant and begging children by illegal gangs, improper school education and adverse influence of family environment, etc. Although government departments and relevant relief organizations have been active and effective aid to the right to education of street begging children, the survival and education situation of street begging children is still not optimistic. The third part, elaborated our country vagrant begging child to receive the education right safeguard existence difficult position. The main manifestations are: lack of specific legal support; the existing aid system is not perfect; the absence of guardianship responsibilities; the lack of social support and the absence of government functions. The fourth part, this part is mainly to the vagrant begging child to receive the education right safeguard system consummation suggestion. For example, it is necessary to make clear the principle of guaranteeing the right to education of street begging children; to perfect the relevant laws and regulations and relief ways; to establish the compulsory relief system for street begging children; to implement the government's responsibility, and to strengthen the enforcement of the law, and so on. In addition, this paper also focuses on the educational model of street begging children. It includes: implementing a new mode of ensuring the right to education with the aid station as transit, setting up community aid schools for vagrant and begging children, setting up volunteer service bases, etc.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D921
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