国家教育考试管理模式的立法定位

The Legislative Status of the Administrative Model of the National Education Examination

公民参考权是公民受教育权的重要组成部分。国家教育考试秩序是公民参考权得以实现的制度保障。国家教育考试管理模式选择是国家教育考试立法的关键。借鉴国外考试管理的经验,《国家教育考试法》应该将我国教育考试管理机构和实施机构分离。国家教育行政部门只保留国家教育考试的机构审批权和监督管理权,从宏观上规划、调控国家教育考试制度的实施;考试实施机构定位为国家公益性机构,作为纯粹的社会考试机构;高等教育机构按照国家教育考试机构提供的结果招生或颁发证书。形成国家宏观管理、社会积极参与、高等教育机构自主办学的良性互动机制。

The right to take examinations is an inherent part of citizens’ rights to education and this right is guaranteed by the administrative system of the state education examinations. In making the law of state education examinations, designing the management model of the state education examinations is the first and foremost task. Experiences of foreign examination administrative management suggest that The Law of State Education Examinations should stipulate that the administrative management of the state education examinations and the execution of the state education examinations are vested in different institutions. The state education administrative department is in charge of approving and supervising executive institutions of the state education examinations, macro-controlling and coordinating the implementation of the state education examinations. The executive institutions of the state education examinations are designated as institutions of public welfare, as social examination service agencies. Higher education institution admission and certificate awarding are conducted according to the examination results provided by institutions of state education examinations. The goal to be achieved is a highly coordinated system of state macro-management, active involvement of social institutions and autonomous education of higher learning institutions.