All school-age children and adolescents with People's Republic of China (PRC) nationality, regardless of gender, nationality, race, family property status, religious beliefs, etc. , enjoy the equal right to receive compulsory education and fulfill the obligation to receive compulsory education according to law. Interpretation of this article is about the equal right to receive compulsory education and fulfilling the obligation to receive compulsory education.

First, the subject of compulsory education, compulsory education is both a national education and a basic education, so there are two key words for the subject of compulsory education, one is China nationality, and the other is school-age children and adolescents. The so-called nationality refers to the legal qualification or identity of a natural person who is determined to be a member of a certain country, and is the only criterion to distinguish between a native and a foreigner. According to the provisions of China's Nationality Law, there are four main ways to acquire China nationality: First, one or both parents are China citizens, I was born in China, one or both parents are China citizens, I was born in a foreign country, I have China nationality, but I was born with a foreign nationality, but I don't have China nationality, my parents are stateless or my nationality is unknown, I live in China, and I was born in China. China nationality refers to a foreigner or stateless person who has the legal conditions, including a close relative of China, or has settled in China, or has other legitimate reasons, and can be granted China nationality upon application. In a sense, compulsory education is an internal obligation of the state, and the object of the state obligation is its citizens. In other words, China has no obligation to provide compulsory education for foreign citizens. School age, as its name implies, refers to the appropriate age, that is, the age suitable for compulsory education, neither too old nor too young. According to the provisions of the Compulsory Education Law, the minimum age for school-age children and adolescents to enter school is generally 6 years old, and it is 7 years old in areas without conditions. Under special circumstances, it can be extended appropriately. For school-age children and adolescents, there is no explicit provision in the Compulsory Education Law. Considering the basic nature of compulsory education and the limited resources of compulsory education, the upper age of compulsory education should be limited. In this regard, the Compulsory Education Law indirectly stipulates that children or teenagers must receive compulsory education. In practice, the upper limit of compulsory primary education is generally 15 years old, and the upper limit of compulsory secondary education is generally 18 years old.

Second, equal access to compulsory education, the first level of equal access to compulsory education is equal access to compulsory education, that is, everyone can get the opportunity to receive compulsory education. Compulsory education in China is open to all school-age children and adolescents with China nationality, and they have the right to receive compulsory education regardless of their own situation and family property. In practice, women or ethnic minorities or school-age children and adolescents with religious beliefs cannot be discriminated against when entering school and studying. Equality between men and women is a constitutional principle in our country, and it must also be implemented in the compulsory education stage. Ethnic equality and prohibition of ethnic discrimination are important constitutional principles in China, and children and adolescents of ethnic minorities should not be discriminated against in compulsory education. Citizens' freedom of religious belief is the basic right of citizens stipulated in our constitution. No social group or organization may discriminate against citizens who believe in religion or citizens who do not believe in religion. Neither society nor schools can unduly restrict the right of school-age children and adolescents to receive compulsory education on the grounds of religious belief.

legal ground

compulsory education law of the people's republic of china

Article 1 In order to guarantee the right of school-age children and adolescents to receive compulsory education, ensure the implementation of compulsory education and improve the quality of the whole nation, this Law is formulated in accordance with the Constitution and the Education Law.

Article 4 _ All school-age children and adolescents with People's Republic of China (PRC) nationality, regardless of gender, nationality, race, family property status, religious belief, etc. , enjoy the equal right to receive compulsory education according to law, and fulfill the obligation to receive compulsory education.