大陸大學招生本地化的合憲性探討:大學入學請求權與大學自治的衝突

Translated title of the thesis: Constitutionality about Localization of Mainland China’s Enrollment: Conflict between University Autonomy and Claim of University Enrollment
  • 品磊 李

Student thesis: Master's Thesis

Abstract

The localization of universities recruitment has been a hot issue in the Chinese mainland. This phenomenon has arisen two core constitutional problems. Firstly, does it violate the students’ basic rights of other provinces to protect the local enrollment indicators which universities formulate? What is the basic right? Is it legal to formulate this different-treated recruitment policies? Secondly, Ministry of Education promulgates a series of rules and regulations to intervene the enrollment indicators every year. Does it violate the university autonomy so as to break the law? Though different data analysis to various universities, this phenomenon actually exists, which objectively violates the basic rights of candidates in another province. The rules promulgated by Ministry of Education affect university recruitment. In other words, it intervenes university autonomy. Via the analysis of rights of claim, the right of claim is based on the equal right, not the equal right and the educational right as the academic communities in Chinese mainland think. University autonomy, as a right of the constitution, is in fact magnified from the freedom scientific research, Article 47 of the constitution. The basic right of universities and students. Two conclusions can be reached. Firstly, universities’ enrollment policies are illegal no matter in the form or in fact. Secondly, although this action passes muster, it does not pass the law reservation principles. Therefore it is as illegal as the action of violating students’ equal rights.
論文目次 第一章 緒論 1
Date of Award2017 Apr 21
Original languageChinese
SupervisorYue-Dian Hsu (Supervisor)

Cite this

大陸大學招生本地化的合憲性探討:大學入學請求權與大學自治的衝突
李, 品. (Author). 2017 Apr 21

Student thesis: Master's Thesis