The Public Law Review Of The Qualifications For The Examination Of The National Examination

Examination system in our country has a long history,to the national selection of officials,down to rational individuals to pursue interests and participate in the qualification,level test,large and small examinations seem everywhere.In the name of the organization and implementation of national exams there are hundreds of different kinds,such as the wide attention of the "college entrance examination","graduate entrance examination",the national education examination,civil servants and institutions recruitment examination,recruitment of national staff,all kinds of occupation qualification examination such as judicial examination,the examination of certified public accountants the national qualification examination,as well as the national level of English Popularization and employment is closely related to the English level 46,including all.All these are mostly with the Chinese people's learning,employment and survival are closely related,but also related to the country and Society for talents selection,affects the progress and development of the state and society.However in the above various countries examination organization and the implementation many links,because registers for an examination the limit condition and causes the question gradually to cause the people to take seriously.In the modern country ruled by law,the national examination qualification limits set in line with the provisions of the constitution,for the maintenance of basic rights of citizens is very necessary.While China does not improve the unified examination on legislation to regulate the national examination management mechanism to implement administrative behavior is no legal status,infringement cases even national examination for the qualification of the set is relatively arbitrary,unreasonable,no program citizens for examination of qualification limitation caused by the lack of effective relief way.There is a certain degree of attention in academic circles of our country for the maintenance of national examination in the basic rights of citizens,but also limit the high degree of concern in the national civil service exam,college entrance examination and the society,the national examination in a larger proportion of the remaining type test is ignored.The starting point for the study of the origin of the author from the national examination for qualification to appear,to explore the causes of the qualification of the rationality in affirmed the national examination for qualification of this system exists,through access to information made systematically on our national examination for the qualification of the status quo,summarizes the evolution of China's national examination for the qualification problem,and analyze the constitutionality of it from the perspective of the constitution,the state to safeguard public interests and improve the efficiency of society based on the fundamental rights of citizens to make concessions exam qualification behavior,should be controlled within reasonable limits.Then the author puts forward angle from the interest theory and efficiency theory,the national examination for qualification setting limit under the constitutional legitimacy,necessity,principle of balance,the public interest and private interest,efficiency and justice to achieve a reasonable,legal and constitutional balance.