少数民族地区高考加分政策的宪法实质平等权探究

An Exploration of the Constitutional Essence of the Policy of Extra Points for the College Entrance Examination in Ethnic Minority Areas

少数民族高考加分政策在因“高考移民”等社会现象发生后引起社会的争议,但在法学研究领域,该政策实质上有着明确的宪法依据。在学理上一般把这种对特殊群体运用积极手段来实现平等权的做法称为纠偏措施,而纠偏行动往往是法的正义价值的体现。此外少数民族高考加分政策让人们直面自己与他人受教育权的不平等,这时又会产生基本权利的冲突。解决这一政策所引发的争议需要从宪法实质平等权的相关理论出发去探讨其合理性,首先,从学者所探讨的纠偏措施幅度来评价少数民族地区加分政策如何运用严格审查标准。其次,在宪法层面,合宪性审查制度可以监管有关规范性文件的制定标准。再次,近年的政策在符合宪法规定的保障少数民族发展权基础上逐步缩小纠偏措施幅度。最后,政策对纠偏幅度的调整体现了政治宪法观随着社会发展而不断地转换。

The policy of extra points for ethnic minorities in the college entrance examination has caused social controversy after the occurrence of social phenomena such as “college entrance examination immi-gration”, but in the field of legal research, the policy has a clear constitutional basis in essence. In terms of doctrine, the practice of using positive means to achieve equality against special groups as affirmative action, and it is usually the embodiment of the value of law. In addition, the policy of ex-tra points for the college entrance examination of ethnic minorities allows people to face the ine-quality of their own and others’ right to education, which will lead to conflicts of basic rights. To re-solve the controversy caused by this policy, it is necessary to explore its rationality from the rele-vant theory of the constitutional substantive equality. First of all, from the range of corrective measures discussed by scholars to evaluate how the policy of extra points in ethnic minority areas applies strict review criteria. Second, in the constitutional theory system, the constitutionality review system can supervise the standards for the formulation of relevant regulatory documents. Third, in recent years, the policy has gradually reduced the range of corrective measures on the ba-sis of guaranteeing the right to development of ethnic minorities corresponding with the provisions of the Constitution. Finally, the adjustment of the policy’s correction range reflects the continuous transformation of the political and constitutional concept with the development of society.