The right to education is a basic right of citizens, which refers to a social right that requires the state to actively provide equal education conditions and opportunities in order to ensure the survival and development of individual citizens. When citizens encounter obstacles in exercising their right to education, they can ask the relevant state organs to ensure the realization of their rights and interests by state compulsory means. Due to the restriction of economic development level and lack of understanding, the actual situation of China citizens' right to education is worrying.

Although China has done a lot of work in the legislative protection of citizens' right to education, the realization of citizens' right to education is still not optimistic, mainly because of the serious inequality in the realization of citizens' right to education. This kind of inequality includes not only the inequality of region and gender, but also the inequality of enrollment and management of schools.

Educated people in the economically developed eastern region enjoy more, better and better educational services than those in the western region, which determines that there is a big gap between the educated people in the eastern and western regions in terms of educational resources and teaching conditions. Especially the compulsory education of migrant workers' children, although the compulsory education of migrant workers' children has been improved rapidly with the attention of the state, there are still many problems. It is difficult for them to go to school and they need to hand in a lot of proof that they can't understand. If they want to go to a better school, they must pay a certain borrowing fee. Due to various reasons, the dropout rate is getting higher and higher. Of course, there are also many problems such as poor learning conditions and poor living environment.

Gender inequality is due to the influence of traditional feudal ideas, and the idea of son preference still exists to a certain extent, especially in the vast rural poverty-stricken areas, where girls are in a double disadvantage caused by gender and family poverty, and it is difficult to guarantee their right to education.

From the perspective of enrollment, some colleges and universities even set obstacles for candidates on the grounds of ugly appearance and physical disability. For example, Angelnan, a disabled girl in Beijing, was admitted to Beijing Institute of Mechanical Engineering with a score higher than the undergraduate score 12. However, in addition to saying that "the school will not be responsible for physical problems during school", there is another condition that makes Angelnan feel aggrieved: he can't give a diploma, but only a certificate of completion.

From the perspective of school management, the school has issued many regulations to strengthen the management of student status and strict teaching management discipline. Many of these regulations are not standardized, and some directly infringe on the rights of students. For example, those who are in arrears with tuition fees are not allowed to use the school's learning tools; When evaluating students, teachers often can't use their evaluation rights fairly for various reasons. These acts infringe on citizens' right to education to a certain extent. This shows that there are some problems in the legal protection of Chinese citizens' right to education. We need to understand these problems and improve them, so as to better realize China citizens' right to education.

Although the basic framework of China's education legal system has begun to take shape, in fact, China's existing relevant laws and regulations have not yet reached the requirements of a sound legal system, that is, a set of perfect legal system suitable for modernization has not yet been formed.

In the field of public power, the realization of citizens' individual rights is neglected: because the traditional social structure of our country has always been an individual in the home country, the cultivation of citizens' individual rights has not been paid attention to, and the highly centralized administrative control civil society in the long-term planned economy after the founding of New China lacks a developed private law culture, individual rights are often ignored or even ignored in the field of public power.

Geographical discrimination: For a long time, colleges and universities have adopted unequal admission scores for students from all over the world, especially the scores of students in the city where colleges and universities are located are obviously lower than those in other places, which makes the scores of students entering different regions of the same university vary greatly. The contradiction here is that it is necessary to consider the actual situation of the location of colleges and universities, properly take care of the students in the location of colleges and universities, and implement equal admission for candidates from all over the country; When enrolling students, we should take proper care of candidates in ethnic areas so that everyone is equal before the test scores; It is necessary to take into account the overall planning of the country to train talents, make overall plans and make proper arrangements, so that everyone is equal before the examination results. Therefore, solving the regional differential treatment of the right to education may be a long-term problem.

The current examination system cannot fully realize the equality of educational opportunities: although the equality of educational opportunities needs to be measured by the ability reflected in the examination, the ability reflected only by the examination results is a phenomenal ability, which may not be consistent with the actual ability of candidates. A relatively perfect examination system should be a system that can truly reflect candidates' ability to receive education. There are still many problems in the current examination system, which can't make outstanding talents stand out to the maximum extent, so the real equality of civic education opportunities can't be fully realized.

In my opinion, the right to education is mainly aimed at the power of the government. The obligation of the government is not only passive non-aggression and prevention of third-party infringement, but more importantly, it actively provides various conditions for realization. Secondly, it is an ordinary legal right, which has been concretized by the education law. Some of the contents about citizens' right to education in China have been legalized, but the degree of legalization is not high, and legal protection still cannot cover the basic rights of citizens stipulated in the Constitution. Because of the extensiveness and vagueness of these contents, it is difficult to fully protect citizens' rights only by legal protection. Considering this complex factor, citizens' right to education should be allowed to directly resort to the Constitution to seek relief. However, at this stage, the judicial organs should be cautious, try their best to use existing laws or jurisprudence to solve problems, and cannot easily start the constitutional mechanism.

Conclusion: There are still many defects in Chinese citizens' right to education, and we will continue to improve them. Citizens' right to education, especially the children of migrant workers, should receive more attention! Paying more attention to education and investing more in education will solve a large part of the problems! We and the government should work harder!