The Historical Evolution And Analysis Of Federal Higher Education Legislation

In a democratic country, the status of law is supreme, the rule of law has become a principal guideline which to be followed when the member of the state and society go about their daily activities. The premise of the rule of law is legislation, so excellent higher education law is the protection of the rule of law in higher education. The content and quantity of Chinese current law on higher education can not fit for the "law school", so at present, the primary task what should be completed by legal workers is improve higher education legislation and learn from the successful experience of higher education law of foreign countries.American higher education extend in the extreme promptitude, both the quantity and quality were come out top on earth, although there are so many successful factors, but there is no denying that these achievement are also escort by excellent higher education legislations. Not only they impulse academic development, but also attendance academic autonomy and academic freedom at a certain degree. They are a success by way of higher education law. These successful laws which original of section at legislation purpose and content should be a primary problem that our scholar approach and research.More than bicentenary years of higher education legislation in America is being episodically discussed in this thesis, this article try to arrange and analysis the overall legislation features after induct and summarize each phase one. These features of higher education legislation are nothing more than the key to success through the discussion of pedagogy theory and law theory.This article is consist of five parts:The first part is introduction. After discuss the cause and the purpose of this these, the writer bring up that the original of section at legislation of American federation higher education is the key, which insure and push higher education development.In second part it mostly discuss that the origination and the signification of America federation higher education legislations. Writer of this article thought that to a large extent that American federation higher education legislation inherits British legal system and French legislation also give certain impaction. So American education legal system is a compound system. The signification of legislation in this thesis embodies the consequent theory of western jurist, that is to say that legislation is the ultimately of legal manifestation instead of the procession of create legal.The third part of this thesis put emphasizes upon the evolutionary procession of America federation higher education legislations. The dipartite ex of historic stage is dispersion and concentration of legislative authority. So the course of American federation higher education legislations is been broken into three phases. They are: the period of transplantation legal system which between the War of Independence to the war between the Stats; the period of dispersion authority legal system which between the War of Independence to world warâ…¡; the period of centralization of state power legal system which between world warâ…¡to nowadays. There are two reprehensive legislation would be amply discussed in each phase, and the features of legislation in each phase would be summarized.The forth part is the main body of this thesis. The writer generalizes and summarizes the hole features of legislation after analyzes the course of more than two hundreds years of American education legislation evolutionary progression. The writer thought that the guiding ideology of American federation higher education legislation is pragmatism; the main interior motive which let external characteristics fluxion and controlling force continual enhancement of American federation higher education legislation is national will; the main administration is"soft control"which guarantee affection of legislations and finish legislative purpose and preserve academic autonomy and academic freedom to a certainty degree.The fifth part is conclusion. Through the analysis to America higher education legislation, the thesis believe that: American higher education legislations adapt society and national demand; they promote higher education pluralization and diversification and ensure higher education development healthy; At last the legislations ensure higher education democratization and popular and embody equity principle.