| With the progress of economic development and the promotion of social civilization,China’s higher education is thriving and entering the stage of mass education.The recruitment of students scale expansion has made the social from all walks of life can enjoy the opportunity of higher education,famous university enrollment quota allocation every year is more remarkable,and the existing laws and regulations of the college entrance examination enrollment has the principle,general,lack of realistic operability,unable to give full play to the role in practice,lead to different standards of quota set by the various provinces and regions,in the case of the fragmented,not conducive to the realization of the higher education equality.This paper explores the higher education enrollment quota system from the perspective of equal protection of the right to education,analyzes the problems and causes of the quota system in the protection of the right to equality in education,and puts forward corresponding regulation suggestions from the legal level,hoping to provide protection for the right to equality in higher education by improving the quota system.This paper is divided into four parts,first of all,a brief overview of the quota system.This paper briefly reviews the evolution and development process of the enrollment quota system since the restoration of the college entrance examination,clarifies the main content of the enrollment quota system in China,and provides a realistic background for the following problems in the operation of the quota system in practice.Secondly,the relationship between the quota system and the protection of equal rights is analyzed.Based on the connotation of the right of equality,this paper analyzes the positive significance of the quota system in guaranteeing the equal opportunity of enrollment and safeguarding the right of disadvantaged groups to receive education,and further puts forward the principles that the quota system should follow when realizing the substantial equal right.Then it analyzes the problems and causes of the protection of equal rights in the quota system.Through the data analysis of the quota allocation of key universities,it is found that the quota of key universities to provinces does not have a unified standard,and the phenomenon of polarization is serious,which violates the equality of education.If the interprovincial enrollment quota is not evenly distributed,the quota for developed regions is obviously more than that for other regions;The localization of enrollment is serious,with the proportion of local students reaching more than 30%.There is deviation in the implementation of policy care for vulnerable groups,the examination of enrollment qualifications is not rigorous,and frequent cases of changing household registration and falsifying the identity of students.The main reasons for these problems are the unclear legal provisions,the improper exercise of educational administrative power,and the obstruction of the right relief channels.Finally,in view of the problems existing in the quota system to protect the right of equality,this paper puts forward some countermeasures to improve the quota system from the perspectives of legislation,administration and justice.At the legislative level,we should promote the transformation of international law into domestic law and improve laws and regulations on higher education.The administrative level should establish the enrollment information open system,to achieve the information open and transparent,accept the social supervision;Standardize the allocation of enrollment rights and guarantee the colleges’ autonomy in enrollment.We should perfect the supervision mechanism of educational administrative power and combine internal supervision with external supervision.Judicial level through the improvement of administrative litigation relief mechanism,the establishment of constitutional litigation relief mechanism to broaden the relief channels,effectively protect the citizens’ equal right to education. |
