Study On The Citizen Examination Right And Its Implementation In The University Entrance Examination

Examination authority is the core issue of the university entrance examination. To achieve the citizen exam right's justice is not only the essential requirements of the university entrance examination which should adhere to the principles of openness, equality, competition and merit, but also the reality needs of scientific selects talents, rational allocation of human resources and establishment of a harmonious society. For now, the academia mostly from the standpoint of the national examination power which as a kind of public power, make research at the level of institution, however, not pay close attention to the citizen exam right. Therefore, this paper from the standpoint of justice, analyze how to ensure the realization of citizen exam right from the aspects of theoretic, history and empirical research.This paper includes four parts:In the first part, from the perspective of the theory to analyze the concept, connotation and characteristics of the examination authority, and classify the citizen exam right which is a part of fundamental rights of citizens as the private rights. But it dose not has long history, down the ages, the examination authority exists in examination system as a kind of national power, therefore, the paper also investigate its existence of all ages, including the imperial examination system, the independent thought sun yat-sen exam authority and western civil-service examinations.In the second part, by taking the restoration of the university entrance exam in 1977 as watersheds, introduce the development progress of China's university entrance exam system, which made us understand that the arduous development progress is certainly important to the restoration of the university entrance exam since 1977. However, the university entrance exam system still faced many problems at the present stage, such as the restrictions for the applicants of an examination, unscientific of the examination system, realistic inequality and so on. In the third part, analyze the restraining factors about the citizen exam right which can not fairly realize in the university entrance examination in terms of the economic environment, political environment as well as social cultural environment. The realization of the citizen exam right can not be detached from the social environment. The market economy's establishment and development caused by the transmutation of the exam relationship and the citizen's pursuit; Chinese binary political system is also the key factor; and the inequality which caused by the social stratification and household registration system is also the serious factor.In the last part, corresponding countermeasures were put forward aim at the restraining factors. Improving the legal system including that the test law should cover all kinds of test, clarify the rights, obligations and responsibilities of the text subject and perfect penalty system; improving the university entrance exam system, such as increase education resources, narrow score difference and implement administrative tilt; broadening relief way from the two aspects of the administrative and judicial to safeguard the examinee right; constructing equal exam environment, such as eliminate the disadvantaged groups'heart threshold, sunshine the work of the university entrance exam and so on. Only these measures are effective implement, the examinee right can be implemented.