A Study On The Equal Rights Guarantee Of Education In Public College Enrollment

Right to education was written in constitutions as a kind of social rights. According to the nature of social rights, a citizen can enjoy them on equal terms with others. Right of equality was also written in constitutions. It could only be realized based on other specific rights. Equal right to education is a combination of right to education and right of equality, so it should be a constitutional right as well. Being sponsored by public finance system, aiming at helping citizens to realize their right to education and providing personnel with good knowledge for the development of the state, public education offered by the state should give equal access to citizens. In practice of China, the inequality in higher education area is a serious problem. Public colleges and universities allocate different quotas to different regions when recruiting students, which leads to huge differentiation in the opportunity of receiving higher education between different regions. This thesis analyses the current unequal situation of China’s public higher education, addresses the direction of improvement, studies the reasons why equal right to education is not well protected, and accordingly proposes the reform ideas of protecting equal right to education.This thesis is divided into four chapters. Chapter one introduces the concept and nature of equal right to education, and explains the specific area focused on, i. e., the recruit of colleges and universities. Chapter two describes unequal situations in China in this area and explains what the standard of equality in recruiting students is. The ideal practice is to recruit best examinee based on unified examination and grant disadvantaged groups preferential policy. Chapter three lists reasons why equal right of education cannot be protected, including defects of provisions, misuse of administrative power and imperfection of judicial system. Chapter four proposes some reform ideas to the right protection system accordingly.