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National Examination Of Legislation, The Protection Of The Rights Perspective

Posted on:2008-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:X C HuFull Text:PDF
GTID:2206360215972874Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Modern society is full of challenge and intensive competition, which makes people's life closely bound with various examinations. From the primary education onward, one will face exams here and there, finally growing up with exams. Nowadays, examination and test play an especially important role as China's national examination prevails in various social areas. Therefore, the examination system, especially the national examination system, is of crucial importance to the construction of individual as well as social development. So the author makes efforts to explain the relation between examination and the right to education, and to analyze the influence of examination to individual and social development so as to define the function of state examination management system, make reasonable distinction between the function of state examination and social examination, and put forward a hypothesis on state examination system targeting at protecting the development freedom for individuals and society.This paper includes three chapters-the examination theory, national examination theory, and the state law on examination, which state author's view step by step.The first chapter, mainly on the examination theory, focuses on the analyzing of the examination institution's social resource distribution function, and measuring the function of competition and the function of human resources guidance and stimulation through defining the basic attribute of examination. Then, the author puts forward the examination's value that safeguards the basic human rights, freedom of thought, the right to education, employment right, and so on; meanwhile, she points out examination's value to promote social civilization, which is mainly embodied in two aspects: promoting social justice and social intellectual civilization.The second chapter, the national examination theory, first defines the concept of national examinations and its categories. Based on the concept of national examinations and its categories, the author induces the national examination's characteristics: authoritativeness, standardization, and seriousness. Meanwhile, the author explores the reason why state power can enter the field of examination, and he, further, points out that national examination possesses the function of promoting the implement of educational function, selection of talented for the state organs, achieving the social identification of human resources, and offering measurement for admission test in special industry. State examination, in the process of implementation, also has its negative impacts, such as its poor self-improving function, its impairment to the freedom of thought and to the pursuit of social diversification, owing to its monopolistic and exclusive features. In accordance with current stares quo of our national examination, the author proposes the idea of limited national examination function, advocating establishing an examination model with market-oriented examination as the basis and the national examination as the supplement, thus, building up an examination model which is operated by the society while supervised by the state.The third chapter is on the state examination law. First, the author mainly analyses the legal characteristic of the state examination relation, which roots in various social relations bringing in the exertion of the power of the state examination, comes into being in the regulation of administrative law and includes subject, object and content. Then, the author suggests that the key of the state examination legislation include the following aspects: we should set up this guiding ideology-to control the exertion of the state examination power and to promote the social development of examination; we should target how to accelerate the development and the reasonable distribution of the human resource; we should follow these principles-the justice, the validity, the right standard, the commonwealth and so on; we should guarantee the right to take the examination. Finally, the author briefly explains the two cases of the illegal exertion of the state examination power and the corresponding relief approaches. In this part, the author emphasizes the guiding ideology of humanism and the basic principal of right standard and limited power. The author believes that the administrative power should be limited to guarantee the individual freedom.
Keywords/Search Tags:examination, the value of examination system, state examination, the function of state examination, humanism, the principal of state examination law
PDF Full Text Request
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