The Initial Discussion On The Fairness Of The National College Entrance Examination(NCEE)Enrollment In The Perspective Of The Constiution

The special political,economic,cultural,and historical background determines the establishment and implementation of the college admission system in my country.College admissions system is a very important national education system in China.It has played an irreplaceable role in the selection of qualified personnel at all levels of colleges and universities in our country,guiding the reform of primary and secondary education and teaching,promoting the rational flow of social strata,and providing an environment for social equity The role.It cannot be ignored that the problems of college admissions system are also emerging.With the development of the times and the reform of college admissions system,the problems of college admissions system have become more and more prominent.Since1952,China's unified college admission system has undergone several reforms,especially in the past decade or so.China's college admission system has entered an active period of reform.Despite frequent reforms,the reform measures and efforts have continued to increase.Participation has also continued to increase,but these reforms do not seem to have achieved the expected results.Not only have they not been widely recognized by major stakeholders such as universities and candidates,but the more reforms,the more dissatisfied the parties concerned seem to be.Among them,some old problems have not been solved well,and some new problems have emerged continuously with the introduction of reforms.As a compound constitutional right,the right to equal education is a competition between the right to education and the right to equality in the constitution.It also has the dual attributes of freedom and social rights.The attribute of freedom requires that the state's public power be passive inaction,that is,it must not damage the state of equality in the original form;the attribute of social right requires the state to act actively to eliminate substantial inequality and create conditions for the disadvantaged to achieve equality.The right to equality in education has been recognized by many international human rights conventions and regional human rights conventions,and most countries in the world have corresponding provisions in their constitutions and legal norms.From the perspective of normative levels,the provisions of Chinese laws on the right to education equality can be divided into three levels: the provisions of international conventions,the provisions of constitutional norms and the provisions of ordinary legal norms.At present in my country,the right to equality in education is still at the level of legal rights,which is still far away from the real rights.For college admissions systems,examination fairness and regional fairness are its two main contents.Exploring examination fairness is a basic ideal,while regional fairness focuses on the equal right to education for all human beings.This is based on the entire country.If the balance between examination fairness and regional fairness is well grasped,it will be realized.To grasp the direction of college admissions system reform.Taking college admissions regulations as an example,the provincial propositions,escort regulations,bonus points regulations,autonomous admissions regulations,and imbalanced admission plans all have problems that violate education equity.These provisions are inconsistent with the constitution and the equal rights norms stipulated by law and violate the citizens' right to equal education.Judging from the existing legal norms in China,the constitutional guarantee system with the Standing Committee of the National People's Congress as the main body of power has little effect;the two administrative remedies,administrative reconsideration and administrative litigation,exclude the review of abstract administrative actions and damage citizens.The right to equal rights in education is not within the scope of administrative litigation.In this way,under the current legal system,in the infringement of equal rights in education,the law lacks the provisions on the legal liability of the infringing party,and the scope of judicial review of the legality of administrative acts is too narrow.Reforming the enrollment system of colleges and universities and effectively changing the unfair situation of my country's higher education has become one of the important issues of social development and the focus of the people of the whole country.It also has important practical significance for revealing the substantive fairness of college admissions.In this article,the basic concept of the constitutional basic rights of citizens in a society ruled by law should be effectively guaranteed.This is to examine the college admissions system from the perspective of the constitution.The full text is divided into 5 parts: The first part is an overview of the basic issues of college admission fairness.Starting from the background and significance of the topic,a comprehensive analysis of the Chinese and foreign comparative studies on constitutional equality,college admissions fairness,college admissions policies and college admissions fairness is carried out,and the overall research ideas and research methods of this article are proposed.The second part is the status quo and evaluation of the enrollment legislation of colleges and universities in my country from the perspective of the Constitution.It explores the connotation of equal rights,fairness and the relationship between the two,and analyzes the institutional regulations for enrollment of colleges and universities in my country.The third part is the research on the causes of the fairness of college admissions in our country.This chapter analyzes the causes of the fairness of college admissions from the dimensions of social,economic and legal factors that affect college admissions.The fourth part is an international perspective on the fairness of college admissions.From the perspective of the fairness of college admissions in the developed countries of the United States,Britain,France,Germany,and Japan,it draws inspiration for my country's legal system.The fifth part puts forward the implementation methods and suggestions for improving the fairness of college admissions,and proposes countermeasures in three aspects in detail: the construction of the fundamental guarantee of fairness of college admissions(legal system construction),and the fundamental path of fairness of college admissions(system innovation)And development strategies(policy improvement)to improve the fairness of college admissions.In terms of development strategies,it is proposed to establish a balance mechanism for higher education resource allocation,establish a policy compensation mechanism for vulnerable groups,establish an evaluation standard for the fairness of college admissions,and establish a system of accountability for citizens' fair protection of the right to education.Through the study of the fairness of the college admissions system in this article,the innovation lies in: firstly,the constitutional perspective system is comprehensively introduced into the reform of the college admissions system in our country,especially the idea of ??the relief of the right to education is introduced,and the reform of the essence of the college entrance examination system in China is established The creative value orientation is a methodological breakthrough.Secondly,the constitutional analysis of the fairness of China's college admissions system was carried out.From the aspects of legal reservation,due process and equal protection,the current college entrance examination admission system was evaluated and analyzed,and legislative guarantees and administrative enforcement policies were proposed.Guarantee and equal rights guarantee in judicial relief.Administrative litigation,civil litigation and constitutional litigation constitute a strict system of judicial remedies,so that the fairness of college admissions is the most powerful legal guarantee.The third is to comprehensively construct the countermeasures for the improvement of college admissions in my country.On the one hand,it is proposed that the enrollment policy of colleges and universities must be clear and unambiguous,and must not violate the Constitution,laws,regulations,rules,legal principles and constitutions,laws,regulations,rules and regulations,and should not violate the spirit of due process,especially when proposed when involving When changing the rights of the relative,the principle of legal reservation must be applied.On the other hand,it is proposed that the disposition of citizens' right to education involved in the enrollment of colleges and universities is affected by administrative law enforcement and should be included in the scope of adjustment of the administrative law.The administrative counterpart can get effective relief through administrative appeals or litigation.At the same time,the right to education is one of the basic rights of citizens stipulated in the Constitution,so it is often not simply a matter of administrative litigation,but the relationship between the Constitution and the departmental law,which can be effectively resolved by establishing a constitutional review mechanism...