新中国建立以来,民族教育立法成果显著,促进了我国民族教育的迅速发展。但民族教育与内地特别是东部沿海相比,差距仍很大。本文从分析研究我国民族教育发展及民族教育立法现状入手,提出民族地区环境恶劣、办学艰难、经费短缺、民族教育性质特殊、民族教育立法体系不健全等是民族教育不能与全国教育均衡发展的因素。为保障少数民族公平受教育的权利,需要比较借鉴中外立法成果,加强民族教育立法,健全民族教育与全国教育均衡发展的法律保障机制。 Since the founding of New China, the achievements in legislation of ethnic education have been remarkable, which has promoted the rapid development of our national education. However, there is still a big gap between ethnic education and the Mainland especially the eastern coast. This article starts from the analysis of the current situation of national education development and national education legislation in our country. It puts forward that the national education can not be balanced with the national education because of the harsh environment, the difficult running of schools, the shortage of funds, the special nature of ethnic education and the imperfect legislation system of ethnic education . In order to protect the equitable rights of ethnic minorities to receive education, the legal guarantee mechanism that draws upon the achievements of Chinese and foreign legislative achievements, strengthen the education of ethnic minorities, and improve the balanced development of ethnic education and national education is needed.