The Study On Legal Control Of National Examination

As one of a unique human activity, examination emerges along with the social development and the division of mental and manual labor, as well as the selection of leaders, management personnel and various professional talents. Examination in modern society is so widely used that it has become a very common phenomenon all over the world. Whether the examination system is standard or not is of extreme importance for a country’s development and social’s orderly operation, thus, this paper conducts the study on examination from this perspective. The whole article is divided into five chapters besides the introduction part.In introduction part, the paper introduces the objects, reasons, significances, results, and methods of the research, especially places emphasis on the reasons of research, and points out that the current setting and implementation of examination in our country is basically developed on basis of law, however, judged from the rule of law principle and the concrete implementation process, there are still some problems existing either in examination design or implementation process.In the first chapter of legal control of national examination setting, the paper first defines the examination and it’s classification. Then, it presents the forms and legal nature of our current national examination, indicates that the forms of current national examination is mainly composed of four types as follows, the national education examination, the national qualification examination, the national staff recruitment examination, and the national level examination, and the paper also analyses the four types of national examinations in a legal way from the angles of administrative plan and administrative confirmation. Thirdly, it mainly explains that the setting of national examination virtually is a kind of national legislation, and analyses the legitimacy of setting in current national examination. Finally, it puts forward the specific solutions for legal regulation of national examination setting from the perspective of law reservation, rating settings, and setting procedures, etc.The second chapter is the legalization of organization and implementation of national examination. It first introduces the main body of organization and implementation. In following, it makes a normative analysis of the existing problems on organization and implementation of national examination, points out that the main existing problems is that some specific implementing mechanisms are unclear, and some implementing bodies are unqualified, etc. Then, it studies the authority of implementing body and the basic procedure of national examination organization. The last, the paper gives a brief analysis of the modes of national examination from other countries and areas, such as Taiwan, the United States, the Great Britain, Russia, etc.The third chapter is the rights and obligations of involved participants of national examination. It first analyses the subjects of legal relation involved in examination activities, it mainly consists of national examination organs, examination candidates, and other personnel involved. Secondly, it sets forth the rights and obligations of various subjects from different stages, that is the preparation stage, the on-going stage, and the results evaluation stage of examination.In the forth chapter of legal protection of the order of national examination, it first discusses the violating behaviors on the order of national examination from the aspects of illegal liabilities’constitutive requirements and it’s types. Secondly, it explains the legal liabilities of violation of the order of national examination from the point view of legal liabilities’composition, forms, and different subjects. Thirdly, it discusses the investigation of legal liabilities in terms of procedure improvement of administrative and criminal liabilities investigation. At last, it makes a normative and legal analysis of the compulsory administrative measures in current national examinations field.The fifth chapter is the path of legal regulations of national examination. Firstly, it points out that the fundamental approach to legalization of national examination is to legislate national examination law, and clearly defines that the legislative purpose is to regulate the setting and implementation of examination, protect legitimate rights and interests of the candidates of examination, guarantee examination security, maintain a fairness and scientific atmosphere of examination, safeguard public interests, and promote the unification of legal system. Secondly, it explains some basic content in terms of basic concepts and principles, basic procedures, the clauses of authorizing, and relief procedures, etc. Finally, it reviews the status of national examination law on the national legal system, and indicates that the national examination law is the basic law of national examination.