The right to education is a basic human right. China has actively implemented the inteational treaties on the right of migrant children to elementary education and provided institutional support to ensure the implementation of elementary education poli-cy. In practice, however, due to factors such as regional differences and fiscal capacity, the problems of equal treatment and a balanced distribution of educational resources remain to be addressed. In this regard, this paper suggests solving the problems from the perspectives of enhancing the implementation of inteational treaties, increasing compulsory education resources, improving the quality of education, and adjusting policies.