Research On The Relief Of Candidates’ Right In Violation Of Discipline And Cheating In College Entrance Examination

As a special practical activity of human beings,examination is produced by combining certain purposes and needs,aiming at measuring and identifying the knowledge,quality and other abilities of examination objects.The examinee is the participant of the examination activity,and plays an important role in the process of examination rule of law.Most of the students who take part in the college entrance examination(commonly known as the "gaokao")are junior high school students of young age or under age,the legal view of life value is not mature,Therefore,the formation of the right consciousness and the right protection consciousness of the high school examinee,especially the examinee who violates discipline and cheats,is the internal driving force of the legal process of recruitment and examination,respecting and protecting the legitimate rights of examinees is an important aspect of administering the examination and recruitment according to law.However,for a long time,society and education have put too much emphasis on the obligation of examinees,while neglecting their rights.This paper tries to discuss the protection of the rights of students who violate disciplines and cheat in college entrance examination through three parts,focusing on the research of standardizing the legal procedures applicable to the administrative punishment of violating disciplines and cheating under the current legislation,and how to improve the legislation and enhance the consciousness of rights and obligations of the students.The first part mainly clarifies the legal subject of the administrative punishment of disciplinary cheating in college entrance examination.First,through the analysis of the subject of the legal relationship of the punishment of disciplinary cheating--examination institutions,examinccs,combined with the characteristics of college entrance examination,expounds the legal status of both,that the legal relationship between examinees and examination institutions should be equal.The second is to analyze the nature of disciplinary cheating,clarify the purpose and function of disciplinary cheating,and consider that disciplinary cheating belongs to administrative punishment in nature.The second part mainly analyzes the examinee’s right constitution and its right relief present situation.First,it expounds the connotation of examinee’s rights from the meaning of examinee’s rights and legal origins,analyzes the composition of examinee’s rights,and makes clear that examinee’s basic rights include personal rights,equal rights and the right to know.The second is to analyze the status of the examinee’s right relief through interviews and questionnaires,and to conclude that the current relief system has some problems such as the existing punishment procedures have not been standardized and the imperfect mechanism.The third part puts forward the countermeasures to remedy the right of the examinee who violates the discipline and cheats.The first is to analyze the existing problems of the current legislation in our country and put forward the legislative ideas of national education examination.Second,in the current legal system,the analysis of how to standardize the application of disciplinary cheating punishment procedures,to protect the legitimate rights and interests of the examinee.Third,together with the present situation of students consciousness of rights and obligations,explore the concrete countermeasures to strengthen the consciousness of students rights and obligations.