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高校的自主招生规模不断扩大,自主招生权在没有法律规制的情况下泛滥,限制了考生的择校权利。自主招生权在赋予高校自主性的同时,不能忽视其仍是公权力行为,应当由法律规范其权力边界及运作程序。自主招生权运行要遵循合理性原则与正当程序原则;同时要监督自主招生权的运行,并为考生择校权提供救济途径。
Colleges and universities continue to expand the size of self-enrollment, autonomous enrollment in the absence of legal regulation of flooding, limiting the candidate’s school choice rights. Independent admission of students can not ignore the fact that they are still public power while giving autonomy to colleges and universities. Nor should the law regulate the boundary of their power and operational procedures. The operation of autonomous enrollment rights should follow the principle of rationality and due process; at the same time, it should supervise the operation of autonomous enrollment rights and provide remedies for the candidates to choose their own school.