我國(guó)少數(shù)民族受高等教育權(quán)問(wèn)題研究
發(fā)布時(shí)間：2018-08-24 12:42
【摘要】： 受教育的權(quán)利,是人類的生存和全面自由發(fā)展的重要前提與基礎(chǔ)。伴隨著人類社會(huì)的不斷進(jìn)步和法律制度的逐漸完善,受教育權(quán)的社會(huì)意義及其重要的法律地位也逐步得到了社會(huì)各界的廣泛肯定與重視。盡管我國(guó)政府對(duì)少數(shù)民族實(shí)施多種優(yōu)惠政策以幫助其接受高等教育,但事實(shí)上,由于歷史、自然條件的制約,以及其他諸多現(xiàn)實(shí)因素的影響,目前我國(guó)少數(shù)民族接受高等教育的狀況仍然相對(duì)比較落后。這種狀況又嚴(yán)重制約了少數(shù)民族自身和少數(shù)民族地區(qū)的發(fā)展。近年來(lái),少數(shù)民族受高等教育權(quán)的問(wèn)題伴隨著湖北、重慶等地出現(xiàn)的少數(shù)民族高考加分事件,再一次成為社會(huì)各界廣泛關(guān)注與爭(zhēng)論的焦點(diǎn),其中不乏對(duì)少數(shù)民族高等教育優(yōu)惠政策必要性和可行性的懷疑,也同樣存在如何進(jìn)一步完善少數(shù)民族高等教育相關(guān)優(yōu)惠政策的建議。面對(duì)這樣的狀況,在受教育權(quán)的理論指導(dǎo)下,進(jìn)一步研究探討我國(guó)少數(shù)民族受高等教育權(quán)的現(xiàn)實(shí)狀況與相關(guān)保障措施,分析其出現(xiàn)各種問(wèn)題的原因所在,將有助于促進(jìn)我國(guó)少數(shù)民族受高等教育權(quán)的實(shí)現(xiàn),并為我國(guó)少數(shù)民族和少數(shù)民族地區(qū)的經(jīng)濟(jì)發(fā)展、國(guó)家的穩(wěn)定產(chǎn)生積極的影響。 本文從理論與實(shí)踐的角度出發(fā),在受教育權(quán)相關(guān)理論的指導(dǎo)下,通過(guò)運(yùn)用文獻(xiàn)法和數(shù)據(jù)分析法,對(duì)我國(guó)少數(shù)民族受高等教育權(quán)的發(fā)展?fàn)顩r和存在問(wèn)題進(jìn)行分析研究,并為如何維護(hù)和保障我國(guó)少數(shù)民族受高等教育權(quán)提供相關(guān)的建議,以期促進(jìn)我國(guó)少數(shù)民族和少數(shù)民族地區(qū)的發(fā)展。 本文內(nèi)容共分四章。第一章為導(dǎo)論,介紹了本文研究的緣起及選題的意義。盡管目前對(duì)于我國(guó)少數(shù)民族接受高等教育的問(wèn)題,無(wú)論是教育學(xué)界還是法學(xué)界都給予了極大的關(guān)注,并出現(xiàn)了不少研究成果,但具體來(lái)看,教育學(xué)界對(duì)于該問(wèn)題的研究主要還是立足于教育機(jī)構(gòu)的層面,研究受教育權(quán)在學(xué)校教育中的地位和作用這些問(wèn)題,而法學(xué)界,尤其是憲法學(xué)界,其關(guān)注點(diǎn)則往往集中于受教育權(quán)的憲法司法化問(wèn)題,并不是受教育權(quán)本身。因此,本文選擇了從少數(shù)民族受高等教育權(quán)的狀況這個(gè)角度進(jìn)行研究。除此以外,在第一章中,還對(duì)文章研究范圍的劃定和采用的研究方法進(jìn)行了相關(guān)的介紹。 第二章,我國(guó)少數(shù)民族高等教育的發(fā)展?fàn)顩r及相關(guān)保障。在這一章中,主要介紹了目前為止我國(guó)少數(shù)民族高等教育的發(fā)展?fàn)顩r及所取得的成績(jī),并分析了取得這些成績(jī)的原因所在。目前來(lái)看,經(jīng)過(guò)幾十年的努力,我國(guó)少數(shù)民族接受高等教育的狀況確實(shí)有了很大的改善,無(wú)論是辦學(xué)結(jié)構(gòu)、辦學(xué)規(guī)模,還是少數(shù)民族接受高等教育的實(shí)際人數(shù),都取得了很大的成績(jī)�？梢哉f(shuō),這些成績(jī)的取得一方面得益于國(guó)家法律層面的保障,另一方面則有賴于諸如少數(shù)民族高考加分政策、預(yù)科班制度、少數(shù)民族骨干計(jì)劃等相關(guān)優(yōu)惠政策的大力支持。正是因?yàn)檫@些制度、政策的支持,有力地促進(jìn)了我國(guó)少數(shù)民族高等教育的發(fā)展。 第三章,我國(guó)少數(shù)民族受高等教育權(quán)在現(xiàn)實(shí)方面存在的問(wèn)題。在這一章里通過(guò)對(duì)現(xiàn)實(shí)狀況的表述和相關(guān)統(tǒng)計(jì)數(shù)據(jù)的分析,發(fā)現(xiàn)少數(shù)民族受高等教育權(quán)在現(xiàn)實(shí)狀況中仍然存在不少問(wèn)題,并面臨著諸多困境,這些主要表現(xiàn)在少數(shù)民族受高等教育存在著不平等的現(xiàn)象,而且少數(shù)民族在接受高等教育的過(guò)程中也處于弱勢(shì)地位,與此同時(shí),由于我國(guó)高校擴(kuò)招及高校收費(fèi)制度的改革,對(duì)少數(shù)民族接受高等教育也造成了一定的影響,再加上民族高等院校的專業(yè)設(shè)置不盡合理,以及少數(shù)民族高等教育優(yōu)惠政策在落實(shí)過(guò)程中出現(xiàn)的種種問(wèn)題等。這一系列問(wèn)題的存在,對(duì)進(jìn)一步發(fā)展少數(shù)民族高等教育造成了較大的阻礙。 第四章,對(duì)保障我國(guó)少數(shù)民族受高等教育權(quán)的建議。在這一章中,針對(duì)第三章提出的各種現(xiàn)實(shí)問(wèn)題,就如何解決問(wèn)題,維護(hù)、保障少數(shù)民族接受高等教育的權(quán)利,首先從法律的角度,對(duì)少數(shù)民族高等教育立法、少數(shù)民族高等教育的信息公開(kāi)、少數(shù)民族高等教育的監(jiān)督以及少數(shù)民族高等教育的司法保障提出了一些相關(guān)的建議,另外還從高校自主招生、國(guó)家財(cái)政資助等其他多個(gè)角度提出了一些相關(guān)的建議,以期多維度切實(shí)保護(hù)好少數(shù)民族受高等教育權(quán)的實(shí)現(xiàn),促進(jìn)少數(shù)民族和少數(shù)民族地區(qū)的發(fā)展。
[Abstract]:The right to receive education is an important prerequisite and foundation for the survival and all-round free development of mankind. With the continuous progress of human society and the gradual improvement of the legal system, the social significance of the right to receive education and its important legal status have gradually been widely recognized and valued by all walks of life. There are many preferential policies to help them receive higher education, but in fact, due to the restrictions of history, natural conditions and many other practical factors, the situation of minority nationalities receiving higher education in China is still relatively backward. This situation has seriously restricted the development of minority nationalities themselves and minority areas in recent years. The issue of ethnic minorities'right to receive higher education has once again become the focus of widespread concern and debate in the community, accompanied by the increase of scores in the college entrance examination for ethnic minorities in Hubei and Chongqing. There are many doubts about the necessity and feasibility of the preferential policies for ethnic minorities' higher education, and there are also some doubts about how to further improve ethnic minorities'rights to receive higher education. Facing this situation, under the guidance of the theory of the right to education, further study and probe into the reality of the right to higher education of ethnic minorities in China and relevant safeguards, and analyze the causes of various problems, will help to promote the realization of the right to higher education of ethnic minorities in China. It also has a positive impact on the economic development and the stability of our country in the minority and minority areas.
From the angle of theory and practice, under the guidance of the relevant theories of the right to education, this paper analyzes and studies the development and existing problems of the right to higher education of ethnic minorities in China by using the methods of literature and data analysis, and provides relevant suggestions on how to safeguard and protect the right to higher education of ethnic minorities in China. To promote the development of minority and minority areas in China.
The first chapter is the introduction, which introduces the origin of the study and the significance of the topic. Although the problem of minority nationalities receiving higher education in China has been paid great attention by both educational and legal circles, and a lot of research results have emerged, but specifically, the educational circles for this problem. The research is mainly based on the level of educational institutions to study the status and role of the right to education in school education, while the legal circles, especially the constitutional circles, tend to focus on the constitutional judicialization of the right to education, not the right to education itself. In addition, in the first chapter, the definition of the scope of the article and the research methods used are also introduced.
In this chapter, it mainly introduces the development and achievements of higher education for ethnic minorities in China up to now, and analyzes the reasons for these achievements. At present, after decades of efforts, ethnic minorities in China have accepted higher education. The situation of education has indeed been greatly improved, and great achievements have been made in terms of school structure, school scale and the actual number of ethnic minorities receiving higher education. The class system and the minority backbone plan are strongly supported by the relevant preferential policies. It is precisely because of these systems and policies that the development of minority higher education in China has been greatly promoted.
In this chapter, through the analysis of the actual situation and the relevant statistical data, we find that there are still many problems in the actual situation of the right to higher education of ethnic minorities, and face many difficulties, which are mainly manifested in the higher education of ethnic minorities. There are inequalities in education and minorities are in a disadvantaged position in the process of receiving higher education. At the same time, due to the expansion of enrollment and the reform of the fee system in Colleges and universities in China, it also has a certain impact on minorities'accepting higher education, and the unreasonable specialty settings in Minority Colleges and universities. The problems in the implementation of the preferential policies for higher education for ethnic minorities have caused great obstacles to the further development of higher education for ethnic minorities.
Chapter Four: Suggestions on Guaranteeing the Right of Ethnic Minorities to receive Higher Education in China. In this chapter, in view of the various practical problems raised in Chapter Three, how to solve the problems, safeguard and guarantee the right of ethnic minorities to receive higher education, first of all, from the legal point of view, the legislation of higher education for ethnic minorities, and the disclosure of information on higher education for ethnic minorities The supervision of minority higher education and the judicial guarantee of minority higher education have put forward some relevant suggestions. In addition, some relevant suggestions have been put forward from the independent enrollment of College students, state financial assistance and other aspects, with a view to effectively protecting the realization of minority's right to receive higher education in a multi-dimensional way and promoting minority nationalities. And the development of ethnic minority areas.
【學(xué)位授予單位】：中央民族大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2010
【分類號(hào)】：G759.2
本文編號(hào)：2200853
[Abstract]:The right to receive education is an important prerequisite and foundation for the survival and all-round free development of mankind. With the continuous progress of human society and the gradual improvement of the legal system, the social significance of the right to receive education and its important legal status have gradually been widely recognized and valued by all walks of life. There are many preferential policies to help them receive higher education, but in fact, due to the restrictions of history, natural conditions and many other practical factors, the situation of minority nationalities receiving higher education in China is still relatively backward. This situation has seriously restricted the development of minority nationalities themselves and minority areas in recent years. The issue of ethnic minorities'right to receive higher education has once again become the focus of widespread concern and debate in the community, accompanied by the increase of scores in the college entrance examination for ethnic minorities in Hubei and Chongqing. There are many doubts about the necessity and feasibility of the preferential policies for ethnic minorities' higher education, and there are also some doubts about how to further improve ethnic minorities'rights to receive higher education. Facing this situation, under the guidance of the theory of the right to education, further study and probe into the reality of the right to higher education of ethnic minorities in China and relevant safeguards, and analyze the causes of various problems, will help to promote the realization of the right to higher education of ethnic minorities in China. It also has a positive impact on the economic development and the stability of our country in the minority and minority areas.
From the angle of theory and practice, under the guidance of the relevant theories of the right to education, this paper analyzes and studies the development and existing problems of the right to higher education of ethnic minorities in China by using the methods of literature and data analysis, and provides relevant suggestions on how to safeguard and protect the right to higher education of ethnic minorities in China. To promote the development of minority and minority areas in China.
The first chapter is the introduction, which introduces the origin of the study and the significance of the topic. Although the problem of minority nationalities receiving higher education in China has been paid great attention by both educational and legal circles, and a lot of research results have emerged, but specifically, the educational circles for this problem. The research is mainly based on the level of educational institutions to study the status and role of the right to education in school education, while the legal circles, especially the constitutional circles, tend to focus on the constitutional judicialization of the right to education, not the right to education itself. In addition, in the first chapter, the definition of the scope of the article and the research methods used are also introduced.
In this chapter, it mainly introduces the development and achievements of higher education for ethnic minorities in China up to now, and analyzes the reasons for these achievements. At present, after decades of efforts, ethnic minorities in China have accepted higher education. The situation of education has indeed been greatly improved, and great achievements have been made in terms of school structure, school scale and the actual number of ethnic minorities receiving higher education. The class system and the minority backbone plan are strongly supported by the relevant preferential policies. It is precisely because of these systems and policies that the development of minority higher education in China has been greatly promoted.
In this chapter, through the analysis of the actual situation and the relevant statistical data, we find that there are still many problems in the actual situation of the right to higher education of ethnic minorities, and face many difficulties, which are mainly manifested in the higher education of ethnic minorities. There are inequalities in education and minorities are in a disadvantaged position in the process of receiving higher education. At the same time, due to the expansion of enrollment and the reform of the fee system in Colleges and universities in China, it also has a certain impact on minorities'accepting higher education, and the unreasonable specialty settings in Minority Colleges and universities. The problems in the implementation of the preferential policies for higher education for ethnic minorities have caused great obstacles to the further development of higher education for ethnic minorities.
Chapter Four: Suggestions on Guaranteeing the Right of Ethnic Minorities to receive Higher Education in China. In this chapter, in view of the various practical problems raised in Chapter Three, how to solve the problems, safeguard and guarantee the right of ethnic minorities to receive higher education, first of all, from the legal point of view, the legislation of higher education for ethnic minorities, and the disclosure of information on higher education for ethnic minorities The supervision of minority higher education and the judicial guarantee of minority higher education have put forward some relevant suggestions. In addition, some relevant suggestions have been put forward from the independent enrollment of College students, state financial assistance and other aspects, with a view to effectively protecting the realization of minority's right to receive higher education in a multi-dimensional way and promoting minority nationalities. And the development of ethnic minority areas.
【學(xué)位授予單位】：中央民族大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2010
【分類號(hào)】：G759.2
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