The selection of civil servants in many places requires full-time academic qualifications, experts say
Artificial restrictions are against employment fairness
Reporter Chen Lei
"Leave the selection criteria a little bit. The educational background should be set above the cost of the subject. Instead of setting up a full-time program, you can set up a bachelor's degree certificate, so that more people can compete fully and select people with good morals and abilities." Not long ago, a netizen in Dezhou, Shandong wrote on "Leadership Message Board" recommends relaxing educational qualifications when selecting civil servants.
In this regard, the relevant departments of Texas replied: the selection agency no longer restricts the nature of academic qualifications to "full-time".
However, a reporter from the "Rules of Law Daily" reviewed the selection announcements for civil servants issued in many places recently and found that many of them required "a full-time undergraduate degree or above from an ordinary university".
However, according to the "Public Selection Method for Civil Servants" (hereinafter referred to as "Selection Method"), there is no requirement that only full-time academic qualifications can apply for the exam.
A number of interviewed experts believe that the "Selection Measures" does not stipulate that only full-time academic qualifications can apply for civil servants, and the practice of restricting part-time academic qualifications in some places is unreasonable.
Candidates who believe that their rights have been infringed can report the situation to the local organization department or human resources and social security department, and can protect their rights according to law if necessary.
Many places restrict admission
alleged employment discrimination
After receiving the message from the above-mentioned netizens, the Organization Department of the Dezhou Municipal Party Committee replied that in the public selection of municipal organs in 2022, it is clear that the qualifications for registration are “undergraduate degree or above”, and the selection organ will no longer restrict the nature of education to “full-time”.
This incident has aroused the community's attention to the local civil servants' application for academic qualifications.
In fact, there are not a few places where "full-time" is clearly required for the selection of civil servants.
In April of this year, the Heilongjiang Provincial Department of Education publicly issued an announcement on the selection of civil servants, and publicly selected 8 civil servants across the province. obtain the appropriate degree”.
On June 22 this year, the Tiantai County Party Committee Office of Zhejiang Province planned to openly select 3 staff members to the whole county.
In addition, relevant announcements issued by Luohe City, Henan Province, Qingyang City, Gansu Province, Wenchang City, Hainan Province and other places clearly require regular colleges and universities to have a full-time undergraduate degree or above.
In this regard, Yang Baoquan, a senior partner of Beijing Zhongyin Law Firm, believes that in the current legal system of our country, employment discrimination mainly involves discrimination such as ethnicity, race, gender, religious belief, etc., and the qualification of academic qualifications in the selection of civil servants is generally not discrimination.
"But the difference between full-time and part-time is not the difference in academic qualifications, it is only the difference in learning methods - part-time learning has a higher degree of freedom. In addition, the two have differences in teaching methods, curriculum, and thesis requirements. It is basically the same in terms of enrollment, and the same policies and standards are implemented in accordance with the unified requirements of the state.” Yang Baoquan said that setting up full-time and part-time restrictions is not only against the original intention of the education system reform, but also suspected of employment discrimination.
The "Selection Method" stipulates that those who sign up for the public selection of central and provincial organs should generally have a bachelor's degree or above, and those who sign up for the public selection of municipal (prefecture)-level organs should generally have a college education or above.
Yang Baoquan believes that, judging from the above regulations, it does not stipulate that only full-time students can apply for the selection examination. According to the principle of "prohibition without authorization by law", administrative organs only enjoy the power conferred by legal norms, so the practice in various places is unbiased.
Zhou Wei, a professor at Sichuan University Law School, believes that from the perspective of administrative compliance, when the "Selection Measures" have clearly stipulated the qualifications, some local practices violated the above regulations.
Two forms of education
should not be treated differently
my country's Higher Education Law stipulates that higher education includes academic education and non-academic education.
Higher education takes the form of full-time and part-time education.
The state supports the use of radio, television, correspondence and other distance education methods to implement higher education.
That is to say, whether it is full-time education or part-time education, they all belong to my country's national education system and are all academic qualifications recognized by the state.
In 2016, the General Office of the Ministry of Education issued the "Notice on Coordinating the Management of Full-time and Part-time Graduate Students", which clarified that since 2017, the state will issue a unified enrollment plan for full-time and part-time postgraduate students, and the same policy will be implemented for examination and enrollment. and standards, the training quality adheres to the same requirements, and the academic degree certificate has the same legal status and the same effect.
In December 2019, five departments including the General Office of the Ministry of Education issued a notice requiring that the recruitment of civil servants at all levels, public institutions and state-owned enterprises should reasonably formulate recruitment conditions based on job requirements, and no eligibility conditions unrelated to job requirements should be set.
In Zhou Wei's view, according to the relevant regulations of the Ministry of Education, there is no difference between full-time and part-time programs in ordinary colleges and universities, except for the way of learning.
Under the circumstance that both the "Selection Measures" clearly stipulated and the spirit of relevant departments' policies, some places still restrict part-time education in the selection announcement, indicating that the national regulations have not been implemented, and these places still have part-time education. Prejudice exists.
According to Zhou Wei's observation, behind this, there are problems in the talent evaluation mechanism in some places, that is, the stubborn disease of "only academic qualifications" and "diploma only".
Remove barriers to entry
Establish error correction mechanism
The direction of reform has been clear.
In October 2020, the Central Committee of the Communist Party of China and the State Council issued the "Overall Plan for Deepening Education Evaluation Reform in the New Era", proposing that the recruitment of civil servants at all levels, the recruitment of public institutions and state-owned enterprises should be based on job requirements. In practice, graduate institutions, foreign (overseas) study experiences, and study methods shall not be used as restrictive conditions.
Yang Baoquan believes that, as a way to select outstanding personnel at the grass-roots level, we should pay more attention to morality, ability, diligence, performance, integrity, etc., and take the examination of political ideology and work ability as the first consideration. Excellent cadres should not study part-time. The way becomes a "stumbling block" for development.
In his view, the key to avoiding the above problems is to eliminate the misunderstanding of part-time.
This should not only let more people know the equal status of full-time and part-time, but also ensure that relevant regulations can be truly implemented in actual implementation, so that the society can quickly, fully, trust, and accept part-time education. gold content.
When the right to participate in the selection process on an equal basis is violated, candidates can negotiate with the selection unit, report the situation to the local organization department or the human resources and social security department, and file a lawsuit if necessary.
Yang Baoquan suggested that the life of the law lies in its implementation. The "Selection Measures" does not restrict part-time participation in the selection. At present, many national departments have issued regulations to clarify this, and local governments should improve their ideological position during selection and obey the state. Strictly implement the policy provisions and spirit, and strengthen supervision.
Zhou Wei said that in addition to reporting to the organization department, candidates can also use social supervision and seek discipline supervision from the discipline inspection and supervision organs to ensure that the local selection announcement conforms to national regulations.
In the longer term, it is necessary to explicitly prohibit the establishment of various "restrictive clauses" in the law, and at the same time, an error correction and relief system should be established to protect the legal rights of candidates.