以裁决方式解决招生考试争议的实践与思考

Practice and Reflection Admission and Examination Disputes by Arbitration

近年来,随着国家法制建设的推进和民众维权意识的增强,招生考试中考生与高校、考生与考试机构的纠纷呈现增多、复杂的趋势。从高校招生实际出发,探寻一种有社会公信力的第三方力量介入、成本更低的方式来解决招生考试争议,为考生提供更加便捷的救济渠道,以达到缓解社会矛盾、和谐各方关系之目的,是招生考试法制化的现实选择。本文对天津市适应形势发展需要,开创性地制定并实施高校招生考试裁决办法进行了总结论述,阐述了裁决办法制定过程中着重解决的几个问题,客观分析了裁决办法在实践中取得较好效果的原因,并进行了理论与实践层面的思考,以期推进高校依法治招、依法治考的进程。

Recently, with the improvement of national legalization and the enhancement of people's rights safeguard consciousness, the conflicts between candidates and universities, and those between candidates and examinations authorities increasingly occur and become more complicated. From the facts of universities' admission, how to find a third part of social public trust and low-cost method to solve admission and examination disputes, and to provide candidates with more convenient remedies, in order to release social contradictions and to harmonize relations of all parties, is the realistic choice of admission and examination legalization. This paper makes conclusions of creatively making and carrying out universities' admission and examination arbitration to meet the demands of Tianjin development. It expatiates several key problems in the process of making arbitration rules, and objectively analyzes the reasons why arbitration is more effective in practice. It also reflects on the theories and practices to improve universities' management admission and examinations by laws.