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Research On The Higher Education Resource Allocation Form The Perspective Of The Right To Equality

Posted on:2014-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y P LiFull Text:PDF
GTID:2247330395493967Subject:Law
Abstract/Summary:PDF Full Text Request
In the society with a high morality and sound legal systems, the legal concept isdeeply rooted in everybody, so the citizens will behave according to the spirit ofethics and the rights conferred by law. The right of equality is one of the fundamentalprinciple of constitution, as well as a basic constitutional right, which ensures thedevelopment and existence of the citizens. In the field of education, the right to equalaccess to education is a basic human right and the right of development, which is alsodeeply rooted in the public minds. Although the right to equal education is protectedby our law as a fundamental principle, in fact, it’s no doubt that there is someunreasonable and unbalance situation in the configuration process of China’s highereducation resources, which leads to the difficulties when the citizens want to realizetheir equal rights. As a result, the research on the higher education resource allocationfrom the perspective of the right to equality is very necessary.Higher education is the stabilizer and booster of narrowing the gap betweensocial classes, promoting the rational social flow, as well as the social development.The equal higher education right has drawn many attention from the academic field,the research and attention on this theme are definitely not cliche, and also filled withhuman care, which attaches important theoretical value and practical significance tothis topic. On one hand, the study on the right to equality in terms of human rights hasthe theoretical value for constructing the constitutional democratic society; on theother hand, the protection of the equal right in higher education offers thedisadvantaged group the confidence and future to live in the same circumstance withthe others.In this thesis, based on the macro-and micro-level manifestations of highereducation resource allocation, the research is from the perspective of the right toequality. It’s divided into the following four parts: the first part focus on theconnotation of the higher education resource allocation from the perspective of theright to equality. First of all is a overview of the theories, including the concept, thehistory and evolution, the content and value of the right to equality, as well as the reasonable difference, in order to clarify the status and function of the right ofequality as a basic human right. What’s more, based on the current situation, theconception and connotation of higher education resource allocation are provided,which includes the government, universities and individuals as three subjects. At last,the theory of the right to equality is sublimated and combined with the highereducation resource allocation and the protection of the equal rights of citizen. In thesecond part, from the perspective of three dimensions, including governmentdecision-making, university behaviors and personal conditions, the current situationand problems of higher education resource allocation in China are discussed by usingqualitative and quantitative analysis. Through the description and analysis, we canintuitively see the imbalance in the allocation of higher education resources and thefact that the equal access to education of vulnerable groups is not guaranteed. Basedon the manifestations of higher education resource allocation mentioned above, thereason of it is analyzed in part three from historical, political, economic and socialperspectives, in order to figure out the causes leading to the current situation. In thefourth part, the imperfect present laws and regulations of higher education, the lack ofauthority of the laws and regulations in the field of education, the shortage of lawenforcement and judicial relief of equal rights are elaborated. Then the new protectionand relief mechanism is proposed, in terms of legislative protection, judicialprotection and administrative remedies. At last, according to current allocation ofhigher education resources and situation of equal higher education rights of citizens,some suggestion are put forward. On one hand, the guideline of higher educationresources allocation should be clear and used to be the enforcement and guide ofvalue in the practice, which is “diversifying the modes of higher education, unifyingthe admission measures, integrating and sharing resources, optimizing and innovatingthe systems”. On the other hand, based on the guideline, the concrete measures areproposed, including “improving the higher education resources layout to optimize theallocation of resources; reforming the admission policy to ensure the equal rights ofcitizens; establishing the resource sharing platform to expand the education access;refining and innovating the higher education system to force the construction ofharmonious society. Of course, due to the lack of relative knowledge, material collection andpersonal social practice, the research on the higher education resource allocation fromthe perspective of the right to equality should be further discussed. However, I believethat everybody has a dream that everyone can enjoy the right to equal access to highereducation, regardless of the external differences. We are on our way to make thepowerless stronger and push forward the pessimists.
Keywords/Search Tags:Right to Equality, Higher Education Resource Allocation, Right to Education, Protection of Rights, Relief mechanism
PDF Full Text Request
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