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Research Of The Examination Authority

Posted on:2006-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:H W WangFull Text:PDF
GTID:2166360182956997Subject:Law
Abstract/Summary:PDF Full Text Request
Through the analysis of the concept of the Examination Authority, the author thinks that the Examination Authority refers to the authority of a country to organize an examination according to the citizen's voluntary application in order to examine whether the country's citizens or residents have the qualifications or can be entrusted the identities to do the particular jobs. The Examination Authority has four features:â‘ the Examination Authority is the public authority â‘¡the Examination Authority is performed according to the application â‘¢the country is the only subject to perform the Examination Authority â‘£the scope of performing the Examination Authority is specific, that is any examination aimed at examining whether the country's citizens or residents have the qualifications or can be entrusted the identities to do the particular jobs is in the scope of performing the Examination Authority. The main function to set the Examination Authority is to build a communication bridge between the education and the profession. It can promote the healthy development of the education as well as guarantee the basic quality of the employees and realize healthy interaction between the education and the profession. From the viewpoint of nature, the Examination Authority is a kind of authority situated between the education and the personnel matters. But from the viewpoint of the innate character, the Examination Authority is still in the scope of the personnel authority. The passage also makes necessary study about forms of the examination authority in the history of China and foreign countries such as imperial civil examination system in ancient China, the examination authority in the theory of separation of five powers proposed by Sunzhong Shan, the civil service examination system of Nanjing National Government and the civil service examination system in the western countries. The passage also makes simple comments on these systems and their historical status and functions. The writer believes that the features of the Examination Authority requires that it must be carried out authoritatively, impartially, seriously, efficiently and procedurally. All of the five aspects are necessary. The passage mainly discusses that it is necessary and reasonable to set the Examination Authority. The author maintains that it is beneficial to set the Examination Authority because it serves as a kind of national education system to select qualified personnel and it has its own merits and positive effect to society. It has six concrete embodiments. 1,It embodies the fair competition and promotes social justice. Firstly, on the scope of selecting the qualified personnel, the Examination Authority faces all the social members without limitations on the gender, family background, profession, race, religious belief, fortune and so on. Secondly, on marking exam papers, the Examination Authority uses the identical standard and all the test papers are marked according to the standard answers without prejudice on individuals. Thirdly, on the determination of the passing line and recruitment of the examinees, the Examination Authority adopts the same standard and all the examinees are enrolled according to their marks and the principle is"All are equal before the mark."2,The judgment standard is explicit and the value guidance is clear. The features of the examination system itself require that there must be explicit test content and textbooks before the examination. In the process of compiling the textbooks, the country can put the promoted mainstream ideologies and the correct concepts into the textbooks. The process in which the examinees review the textbooks is also the process to study and understand. It will exert a subtle influence on the examinees because when they recite and review repeatedly they can accept the concepts advocated in the textbooks as their own concepts consciously or unconsciously. So we can see that the Examination Authority has the function to impart knowledge as well as educating people. The Examination Authority adopts the system of fair competition and enrolls only those who are outstanding, so any person who would like to do the particular jobs can make their dreams become true only by studying and taking examinations. So the two value guidance promoted by the Examination Authority are clear. The first one is the equality and justiceinvolved in the examination system itself. The second one is to cultivate the atmosphere of respecting knowledge and loving study in the whole society. 3,The unified recruitment of the personnel can guarantee the basic quality of the employees. The direct function of the set of the Examination Authority is that through the examinations the country can select large quantities of the qualified personnel who meet the need of the country construction. Firstly, the country can get the qualified personnel for the construction in various fields in the largest limit. Secondly, the method of selecting qualified personnel through examinations can control the admission to professions from the source and guarantee the basic quality of the employees. Thirdly, it is beneficial to enhance the construction of the professional teams and the formation of the professional communities and make the employees in the same profession possess the same qualities. In this way, the quality of the employees can be improved continuously. 4,It can purify the social atmosphere and prevent corruption. The set of the Examination Authority also has the positive effects on fostering a healthy social atmosphere, enhancing the construction of the professional ethics and preventing corruption. Firstly, the value concepts that hide behind the set of the Examination Authority also have huge and deep influence on other aspects of the social life. Secondly, the set of the Examination Authority is beneficial to enhance the construction of the professional ethics and prevent the corruption of the employees. 5,It is beneficial to establish the circulating system and maintain the social stability. The set of the Examination Authority is beneficial to enlarge the basis of the regime and maintain the social stability. Firstly, the operation of the Examination Authority establishes the stable circulating system between the classes in the society and promotes the mobility of the personnel between different classes. Secondly, it can stabilize the popular feeling of the society and enlarge the ideological and social foundation of the regime as much as possible. Thirdly, it can resolve the social contradictions and maintain the social stability.6,It links up the education and the profession and realizes the mutual benefit and the win-win. The set of the Examination Authority is the bond and the bridge between the education and the profession and the proper exercise of the Examination Authority can promote the development of the education as well as meeting the need of qualified persons for the development of the professions and realizing the healthy interaction, mutual benefit and win-win between the education and the profession. Firstly, the needs of the professions have the decisive influence and obvious guidance function on the education and the performance of this guidance function is embodied mainly through the examinations. Secondly, it can stimulate the enthusiasm of the privately-run schools and reduce the burden of the country and promote the vigorous growth of the education. In this way, it can provide large quantities of the qualified personnel constantly to meet the need of the professions and provide strong human resources guarantee for the rapid development of the various undertakings. So we can adapt to the competition and the challenge of the economic globalization better. Thirdly, it establishes a normal communication channel and operation system between the education and the profession. It can guarantee the quality of the employees who admit professions as well as promoting the development of the education. At the same time, it can prevent the education from coming apart with the profession. When the practical operation of the Examination Authority is concerned, the writer maintains that the operation of the Examination Authority includes the following important links: â‘ The subject to perform the Examination Authority, that is which agencies have the authority to perform the Examination Authority. â‘¡The content of the performance of the Examination Authority. â‘¢The procedure of performing the Examination Authority such as the classifications of the examinations and the determination of the subjects, public notice, the foundation of the examination committees, setting questions, marking exam papers, recruitment, distributing certificates of inspection and so on. â‘£The responsibilities of the performance of the Examination Authority.After studying our country's present examination management system, the author thinks that there are some problems: â‘ The subject to perform the Examination Authority is confused and the phenomenon of management by many agencies is serious. â‘¡The scope of performing the Examination Authority is not clear and there are not explicit law regulations as to what professions need what eligibilities except some particular areas such as administration of justice. Some existing regulations lack the authority and effectiveness because of their low ranks. â‘¢The technological regulations are not clear. Firstly, there is not a set of systematic and complete regulations for the reference. Secondly, the already existing regulations are scattered in many documents, but they lack common applicable effects because they are made according to the individual cases. Thirdly, the already existing documents can't be carried out effectively because of their low legal ranks. â‘£The legal responsibilities are not strict. Firstly, the legal system is still irregular. Secondly, the penalties for those who violate the law in the individual cases are greatly out of tune with the social harm caused by their behaviors. It doesn't embody the principle that anyone who violates the law should get their due punishments. Therefore the author has the following advice: The key to regulate the performance of the Examination Authority is to govern the examination according to the law. As means to measure people's knowledge level and examine whether people have the qualifications or can be entrusted the identities to do the particular jobs the examinations must be governed by law and the law of examination need to be drawn up. There are four main points. 1,Regulating the subject to perform the authority. The agencies which act on the country's behalf to perform the National Examination Authority must possess two characteristics: â‘ high legal rank â‘¡standing aloof from the employing units. The purpose is to guarantee the objectivity and justice of selecting the qualified personnel. The plan of setting up the special committee in the highest organ of state authority can be taken into consideration, which means the Standing Committee of the People's Congress can set up an examination committee to perform the Examination Authority.2 ,Defining clearly the scope of performing the authority. Any examination that is used to examine whether the country's citizens or residents have the qualifications or can be entrusted the identities to do the particular jobs belongs to the scope of the performance of the Examination Authority. At the same time, the law should define clearly the legal effects and functions of the performance of the Examination Authority on the examination results of the examinees. 3,Making technological regulations. It mainly means to regulate the procedure of the performance of the Examination Authority and there should be detailed and concrete regulations for each link from the determination of the classification of the examinations and the exam subjects to the recruitment and distribution of the certificate of qualification. 4,Being strict on the legal responsibility. As to the behaviors that violate the regulations of the performance of the Examination Authority, we should clarify their legal responsibilities especially their criminal responsibilities firstly. Secondly, we should deepen our understanding on the social harm caused by the behaviors that violate the regulations of the performance of the Examination Authority and we should treat the behavior of cheating in an examination as a serious criminal offence. Thirdly, the corresponding accusations should be added to the criminal law in order to give these kinds of behaviors the due punishments.
Keywords/Search Tags:Examination
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