受教育权写入宪法的本意是保障儿童接受义务教育的权利。流动儿童面临的教育困境包括:借读费过高、公立学校无法容纳、农民工子弟学校太差等。保障受教育权的“兜底”责任应由中央政府承担,确定中央政府承担责任的限度应制定义务教育必要教育设施的强制性国家标准,该标准应作为儿童请求政府给付的司法依据。流动儿童受教育问题可依此思路解决。 The right to education Written in the Constitution is intended to protect children’s right to receive compulsory education. The educational difficulties faced by migrant children include excessive borrowing fees, unavailability of public schools and poor schools for migrant children. The responsibility of guaranteeing the right to education should be borne by the central government and the central government should determine the responsibility of the government should establish mandatory national standards for compulsory education necessary education facilities, which should serve as the judicial basis for children’s request for government payment. The problem of education of migrant children can be solved in this way.