Research On The Constitutionality Of The Allocation Policy Of The University Enrollment Indicators

The allocation policy of enrollment index in colleges and universities has profound historical origins in China.From "the standard of the talent" in ancient imperial examination to the region as a quota standard currently,it has been changed and continued to make adjustments with the purpose of enrollment.Colleges and universities in the implementation of ordinary undergraduate enrollment is mainly based on the region to pre-assigned admission indicators,and the indicators allocated to the university area are generally more than those in other regions,such a distribution of college enrollment index.Allocation policy easily leads to some issues,such as serious enrollment localization,college entrance examination immigrants and social conflicts intensified.The main reasons for this problem are that colleges and universities over-reliance on local finance,internal personnel to contain,the choice of college interests and the uneven distribution of higher education resources.Whether a legal system meets the requirements of the Constitution and whether it conforms to the spirit of the constitution should be both formal and constitutional.The most controversial issue in the current allocation policy of college enrollment lies in the game between the intervention of the state power and the equal protection of the right to education.From the form of constitutionally,the practice of assigning enrollment indicators through the development of enrollment programs and enrollment regulations in colleges and universities violates the principle of legal retention From the substantive constitution,the college enrollment index distribution policy violated the higher education right of the candidates,and violated the principle of proportionality.It is necessary to put forward the corresponding constitutional countermeasures from the aspects of legislation,and system?First of all,we should follow the constitutional and legal restrictions on the right to receive education,perfecting the legislation of the distribution system of enrollment indicators in universities,establishing the principle of legal retention of the right to education,developing an entrance examination law.Secondly,strengthen the system guarantee of university enrollment index distribution policy.The system can implement regional equality as the proportion of college enrollment principle,strengthening the action of rectifying deviation in higher education,the establishment of university enrollment index hearing system,finally we should complete the procedures for judicial relief,when conditions are ripe to establish constitutional litigation system,establishing the scope of judicial review of educational administrative litigation,establishing the transfer mechanism of constitutionality of court and so on.The constitutional Countermeasures of the above three aspects are put forward,can solve the constitutionality of the distribution policy of enrollment indexes in China's universities.