Research On The Legal Attributes And Rights Structure Of German Higher Education Enrollment Behavior

With the gradual advancement of higher education reform,the entrance stage of higher education in our country also faces the realistic challenge.The construction of education legal system is the only way to promote the overall healthy and orderly development of higher education,and the law of higher education enrollment is an important guideline on standardizing the enrollment behavior of higher education.The legal system of higher education enrollment in Germany is based on the Basic Law,which is constructed by the standard law of Colleges and universities,the state higher Education law,the state Higher education enrollment law and the State Agreement.The qualification system is the core concept of the German Higher Education admission law.The realization of higher education is the basic element of the goal of higher education,and the improvement in students 'entrance quality directly affects the attainment of the goal of higher education,and the enrollment behavior of higher education embodies the effective and pluralistic interaction between students,universities and countries.Specifically speaking,the admission of higher education includes two kinds of behaviors,such as higher education admission qualification and Higher Education Admission license,which are not two stages of a process,but organic community formed under the interaction of multidimensional factors.The rules of entrance to higher education include the legal relations and juristic acts in the course of the establishment,examination and distribution of the higher education entrance qualification and the school admission.The logical sight of the entrance law of higher Education,focuses on the qualification system,is to allow reasonable fair competition on the basis of ensuring equality and justice,that is,to insist on both public welfare and benefit type.As an important part of the entrance law of higher education,the acquisition of higher education entrance qualification mainly involves the following kinds of behaviors.Colleges and universities for students to enter the qualification of the enactment,promulgation,students for the corresponding higher education admission requirements,on this basis,the university according to the corresponding standards in accordance with a certain procedure to review the application for admission,students based on the results of the examination to obtain higher education admission qualifications.The competency review procedure related to the qualification law is different from the choice procedure of the higher Education permission law,which is a two-time choice,and the admission of higher education through the examination procedure of the applicant's academic ability and curriculum applicability,it is also a kind of recognition of the autonomy of colleges and universities.In the face of the complicated procedure system of admission,it is of great significance to set up the construction of the right of access network of higher education to clarify the factual meaning and value meaning of the right attribute and right content.The establishment and examination of the entrance qualification of higher education is a kind of administrative act entrusted by the State educational organ to the university,which mainly involves the right of autonomy.Students are in a relatively weak position in the process of applying for admission,and only when they meet the qualification requirements of colleges and universities can they exercise their own right of choice,which involves the right to freedom,equality,choice and professional freedom.The center point of the legal right framework of the field of higher education is the basic right,which is realized under the radiation of the basic right.The legal norm in the entrance stage of higher education is the qualitative stipulation of the right of admission through the path of " basic right(human rights)-Learning right-education right-equality right-choice right-freedom right-study freedom right-free choice rights".Through the study on the acquisition and admission of higher education in Germany,it is of great guiding significance to construct the law system of higher education and complete the procedure of legal relief from higher education.