中国少数民族教育优惠性差别待遇研究——兼从反向歧视的视角分析少数民族高考加分政策

A Study of China's Preferential Differentiated Educational Treatments for Minority Nationalities——an analysis of the bonus-point policy for minority candidates in college entrance examination from the perspective of reverse discrimination

国家实施优惠性差别待遇着实促进了民族教育的发展提升,但也还存在一些需要不断调适和完善的方面,尤其是少数民族高考加分政策引发的"违宪"与"合宪"之争,是直指"反向歧视"的关键问题。事实上,少数民族高考优惠性差别待遇不仅蕴涵着党和国家对族际发展结果正义与实质正义的价值追求,而且还包含着民族教育平等、少数民族干部培养和民族地区专门人才供给的现实考虑。它不会也并没有导致对汉族考生的"反向歧视"。不过,鉴于少数民族教育优惠性差别待遇也容易产生一些意料之外的外溢效应,当前为了更好实施少数民族教育优惠性差别待遇,需要用差别化思维再审视这一政策,完善法制保障少数民族教育权,强化加分的分类指导与审查监督,在学校教育中注重传承民族文化和以差别化区域政策提升民族地区发展来夯实民族教育发展基础。

China＇s policy of preferential differentiated treatments for minority nationalities has promoted the development of education in ethnic minority areas. However, the policy has also brought some problems that need to be adjusted and improved. The policy of giving minority candidates bonus points in national college entrance examination has especially caused a dispute over whether it is consti- tutional or unconstitutional. It is essentially a dispute about reverse discrimination. In fact, preferential differentiated treatments for minority students in college entrance examination embodies not only the value pursuit of the CCP and the country for resultant justice and substantive justice in the development of different nationalities but also practical considerations for the ethnic educational equality, the training of ethnic minority cadres and the supply of specialized talents in ethnic areas. The policy hasn＇t caused and won＇t lead to reverse discrimination against the Han nationality examinees. However, pref- erential differentiated educational treatments for ethnic minorities is likely to produce some unexpected spillover effects. To better implement the preferential policy, we should use differentiated thinking to re -examine it and perfect the legal system for safeguarding the right of ethnic minorities to education. We should strengthen guidance on classification, examination and supervision of bonus points. We should make a point of spreading ethnic cultures in school education and promote the development of ethnic areas with differentiated regional policies to consolidate the foundation of ethnic education development.