Study On Legislation Of Higher Education Examination In The Republic Of China

Legal system of modern higher education examination is a legal regulating field whichgradually formed and developed along with the large—scaling modern higher educationexamination, it’s also a kind of regulation and management formation of higher educationexamination affairs after the establishment of the Republic of China. In1902, the late QingDynasty implemented the "New Deal", and the Qing Regime began to imitate the westerncountries, intervened the higher education examination cause in forms of legislation, then, thelegal system of examination of higher education began to sprout. After the establishment ofRepublic of China, the long time pent-up thought obtained liberation, the door of introductionof advanced examination culture from developed countries like Europe and America hasopened. In order to strengthen regulation on education especially on higher education,successive governments began to use the "test" baton, macro-control and guide the activitiesof higher education examination in the form of legislation. In38years (1912-1949),governments enacted dozens of laws and regulations which related to higher educationexamination, examination regulations attempted to put the admission qualification,examination subjects, examination form, examination difficulty, evaluation of the results, andso forth, into the orbit of legal system, in order to realize the regulation on examination bylegislation. In the later period of the Republic of China, government and its ministry ofeducation practiced a lot of higher education examination legislation activities, which madethe higher education examination system in modern China period trended to finalize its design,to a certain degree, those activities promoted and safeguarded the cause of higher educationreform and development. This paper will use these methodologies like comparative analysis,systemative demonstration, empirical analysis, etc. Research on the legislation of the highereducation examination during the period of Republic of China, so as to master thelegislation’s status, its developent andvariation, its content and feature and so on, in order todiscard its dregs, and absorb its quintessence, and provide some reference for the legislationof contemporary higher education examination. The full text consists of introduction, text andepilogue. The introduction partemphatically introduces theoretical significance, practicalsignificance, and reference significance of studying this topic, and research objectives,research status and research methods. The text is divided into three parts:The first part: focus on clarifying the basic situation, development and transformation,and critical inheritance relationship of higher education examination legislation between thelate Qing Dynasty and the period of the Republic of China. Focus on the analysis of thelegislation on higher education examination after the foundation of the Republic of China,especially during the reign of Nanking National Government. Jurisprudence of examinationof higher education during this period gradually moved towards perfection, it has played apositive role in regularizing examination of higher education and promoting the developmentof higher education.The second part: focus on the introduction of main content and implementation oflegislation of higher education examination during the republican period. The government ofthe Republic of China’s higher education examination legislation, mainly around the collegeentrance examination, the student achievement test, academic competitions, degree systemtest, etc. Laws and regulations on higher education examination in modern China madedetailed provisions on examinee eligibility, examination subjects, examination form,performance evaluation, admission criteria, degree granting, trying to put the all the affairsconcerning to examination of higher education into the legal track, to make sure theexamination of higher education has laws to abide by and achieve the government‘s target ofrule the examination by laws.The third part: mainly review the legislation of higher education examination during theperiod of the Republic of China. The author thinks that the legislation of higher educationexamination during this period of the Republic of China has so many characteristics like:rigorous system and clear hierarchy, imitate America and Europe and has multiple foundation,has stable content and strong applicability, government leading and advanced step by step,and so on. Secondly, through the investigation of objective function of legislation on highereducation examination in regulating higher education examination activities, promoting andensuring the development of higher education in the period of the Republic of China, focusingon illustrate that the legislation of the examination of higher education in those38years hasbrought our contemporary higher education reform and development three enlightenments:firstly, reform and development of higher education examination system is inseparable from the promotion and protection of the legal system, governments should strengthen itslegislation on higher education examination, improve legislation technology level, establishand improve system of laws and regulations on the examination of higher education; secondly,legislation on examination of higher education should follow the principle of combination thestability and development, keeping the content of the legislation on higher educationexamination stable, and at the same time, also should strengthen its maneuverability; thirdly,we should make the legal responsibility on examination of higher education clear, establishand improve the legal liability system on examination of higher education, maintain theauthority of regulations on examination of higher education.In addition, the author alsobelieves that to give full play to the role of the legislation of higher education examination,the citizens and state organs should consciously abide by legislation, it also needs a stablepolitical and economic environment.