Countermeasures and suggestions on legal protection of rural women's right to education
1. Improve the legal system. In China's current laws and regulations, most of the laws and regulations are relatively principled and abstract, lacking supporting implementation rules, regulations, rules and specific implementation methods, especially the operational provisions are unclear, and the requirements for handling and sanctions are not specific, so that no suitable provisions can be found in law enforcement, which weakens the authority and seriousness of laws and regulations to some extent. Therefore, on the one hand, it should be established and standardized from the constitutional level, that is, the responsibilities of the state and the government should be determined at the constitutional level. On the other hand, it is to improve the legislative technology, further improve the system of educational laws and regulations, especially to formulate operable laws and regulations, so as to make education standardized, scientific and institutionalized, and effectively guarantee the real and comprehensive realization of rural women's right to education.
2. Strengthen judicial guarantee. At present, an important reason why rural women's right to education is difficult to guarantee is the lack of judicial guarantee. First of all, rural women's right to education is a constitutional right. "The current constitution does not clearly stipulate that the basic rights of the constitution have direct judicial effect, and the people's courts do not accept unconstitutional cases." (3) Secondly, the abstract administrative acts of the administrative subject in formulating and promulgating normative documents do not belong to the scope of accepting cases in the Administrative Procedure Law, so that sometimes rural women's right to education is violated but they cannot sue. Thirdly, the existing educational laws and regulations lack specific procedural provisions for dealing with such cases, which leads to the fact that rural women's educational infringement cases have to be handled through other litigation procedures, and as a result, they cannot get due judicial relief. Therefore, it is suggested to strengthen the judicial protection of rural women's right to education: first, establish a constitutional litigation system and set up a constitutional court to deal with unconstitutional cases. The second is to expand the scope of accepting cases in the administrative procedure law, and explicitly include abstract administrative acts that infringe on rural women's right to education.
3. Strengthen the administrative guarantee of rural women's right to education. (1) Increase investment in rural education. At present, the realization of rural women's right to education depends largely on their own economic conditions, and the huge difference between urban and rural areas and the imbalance in the possession of educational resources aggravate their disadvantages. At present, we should strengthen the dominant position of the government, clarify the obligation of the state to protect rural women's right to education, "insist on' giving more, taking less and letting go', increase the investment of governments at all levels in rural areas, expand the coverage of public finance in rural areas, and strengthen the government's public services to rural areas." ④ Put an end to the phenomenon of unreasonable charges in education, rationally and effectively allocate educational resources, and eliminate regional and gender educational differences caused by economic reasons. (2) Increase support for remote and poor areas. That is, according to the principle of fairness of transfer payment, we should increase the transfer payment of compulsory education funds in backward rural areas and realize the equalization of education level. Provide suitable material conditions and external environment for rural women to receive education. (3) Insist on administration according to law and strengthen the implementation and punishment of educational laws and regulations. Rural women's right to education has been basically realized by law. However, in real life, rural women's right to education, especially in poor, remote and ethnic minority areas, has not been effectively guaranteed, and there are still phenomena of non-compliance, lax enforcement and even impunity. Therefore, we should insist on administration according to law, strengthen the enforcement and punishment of education laws and regulations, safeguard the authority and seriousness of education laws and regulations, and ensure the full realization of rural women's right to education.