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在法国,高等教育由国家统一管理,国家集权色彩浓厚。国家与地方在管理高等教育机构方面的权力职责分配以国家管理为原则,地方受国家的支配。法国对高等教育平等权保障的法律框架主要体现为由宪法和立法政策确定原则,宪法委员会判例进行原则适用的合宪性控制。但立法上的努力无法排除法国社会中存在的诸多实质不平等现象。鉴于此,法国采取一些积极的改革措施以促进实质平等。我国高等教育当下处于转型时期,虽较之以往有重大进步,但仍然存在不足。其中高等教育不平等状况尤为突出,教育资源分配不均造成了大量的社会问题。鉴于此,本文在分析法国宪法和立法政策构建下的教育平等权的法律框架基础上,描述了当前法国高等教育中的一些不平等现象与相关改革,以尝试对中国高等教育在大学行政主体地位、招生考试制度、高校自治等方面展开思考。
In France, higher education is managed by the state in a unified manner and the state has a strong centralization of power. The distribution of responsibilities of the state and local authorities in the administration of higher education institutions is governed by the principle of state administration and the local government is governed by the state. The French legal framework for the protection of equal rights in higher education is mainly reflected in the principle of determining the constitution and the policy of legislation, and the Constitutional Commission has the principle of constitutional control applicable in principle. However, legislative efforts can not rule out many substantial inequalities in French society. In view of this, France has taken some positive reform measures to promote substantive equality. Although the current higher education in our country is in a period of transition, significant progress has been made in the past, but there are still some shortcomings. Among them, the unequal situation of higher education is particularly prominent, and the uneven distribution of educational resources has caused a great deal of social problems. In view of this, on the basis of analyzing the legal framework of equal right to education under the constitutional and legislative policies of France, this paper describes some inequalities and related reforms in the current higher education in France in order to try to find out the position of Chinese higher education in the university administrative body , Enrollment examination system, college autonomy and other aspects of thinking.