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An analysis of immigration in college entrance examination
The author believes that when talking about college entrance examination immigrants, local governments, the parties of college entrance examination immigrants and public opinion should not be carried out in an emotional way. To understand, reflect and standardize "college entrance examination immigrants", we must solve the following problems in today's environment of building a country ruled by law, advocating the rule of law and administration according to law: 1 Do local governments (even local legislatures) have the right to restrict citizens' basic rights, that is, can a local government document be used to deprive or restrict a certain class of students' right to education? Second, does restricting college entrance examination immigrants really help to achieve educational equity? Is it beneficial to the long-term development of local economy and society? Third, should immigrants who take the college entrance examination be restricted, prohibited, guided and regulated? How to standardize?
First of all, we need to realize that the right to education is the basic right of citizens. Local governments (whether provincial or municipal) and local legislatures have no right to make restrictive provisions on citizens' basic rights (endowed by the Constitution). Among the basic rights of citizens stipulated in the Constitution, the right to education and the right to work belong to a kind of "claim", that is, such rights must "require the state to actively create conditions to realize them", rather than being restricted or deprived by the government and legislature, otherwise they are invalid legal acts and should be corrected by local governments or legislatures beyond their legal authority. For example, it is obviously beyond the local authority to restrict immigrant candidates such as Yang Li from applying for a certain type of college. Under the current legal system in China, there is no solution. It is suggested that the policy of restricting immigrants from taking the college entrance examination in some places can be submitted to the National People's Congress (NPC) for examination, and whether it is unconstitutional or not should be revoked. I believe that people who are really willing to implement the rule of law will have an understanding of this. A citizen, whether registered in province A or province B, should fully enjoy the basic rights endowed by the Constitution, including the right to education. An unpleasant metaphor for local governments to restrict citizens' basic rights is that local documents cover the constitution. Now it is "unconstitutional" behavior and the biggest "illegal administration".
Secondly, the original intention of many restrictions on the introduction of college entrance examination immigrants is to protect the interests of local students and realize the so-called educational equity in the local field. Some people have suggested that the reason for the restriction is that they are afraid that these college entrance examination immigrants will "forget their roots" after "high school" and will leave their hometown after graduation in the future, and they do not know how to feed back the local area. These two considerations should be said to be reasonable. However, from a higher level, it lacks rationality. What is educational equity? For the same difficulty, a province can go to college with 500 points, and b province can't file with 600 points. Is this a "fair" situation that should be maintained? No, this is an "unfairness" on an astonishing scale. The immigration of college entrance examination is citizens' conscious resistance to this "unfairness". The greatest fairness is all-round fairness for all students, which is the goal that the government should strive to achieve, rather than preventing the realization of this all-round fairness through administrative or even legislative means. As for whether immigrant candidates will come back to work in the future, it depends on the local governance level. In the era of market economy, with the improvement of the rule of law and the liberalization of household registration, "voting with feet" is becoming a way for residents to migrate and college students to choose their place of residence and entrepreneurship. A province, city and region, even a higher-level college entrance examination student, is "scared", let alone treat talents who graduated from prestigious schools in the future. Because, if the immigration restrictions for the college entrance examination are introduced today, it can be under the banner of protecting local candidates. Similarly, you can also introduce a local policy of "restricting the employment of foreign population" under the banner of ensuring the employment of local population tomorrow. For such a place where even the basic rights of citizens can be "hands-on" casually? Who dares to move here casually? How to attract college graduates back? Then, what bright future can such a small society and circle that refuses to immigrate (it should be noted that immigrant society is the most dynamic society) have?
Think again at last. Is it necessary to restrict or prohibit the college entrance examination for immigrants? In my opinion, not only should it not be prohibited and restricted, but truly enlightened places should also be open-minded. In the past, we sang, "All who come are guests", so we should welcome them. Now, the people whose registered permanent residence has moved here are not only guests, but also enjoy all the rights that the owner should have fairly. In particular, we should realize that the new owners bring not only "competition and threats", but also opportunities to "learn from and improve" and even promote the development of education and society.
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