The Administrative Body Qualifications In Colleges And Universities

As the number of administrative cases in Higher Education Committee rises, the legal status of the colleges and universities has aroused extensive concern. The legal status of Higher Educations Committee is not clearly defined according to the existing law. It has brought about many problems and made relevant cases turn embarrassed. This situation, on one hand, has brought harm to both higher educations itself and its resource arrangement; on the other hand, may be harmful for the higher educations to develop stably and constantly. In the recent years, some courts solve the problems of Higher Educations Committee as administrative master using the theory of authorization. It is a creative judicial practice. But it can only solve the problems at present. There are often people who doubt about it. It shows that it is time to thing about the theory of administrative master. As a result, it is necessary to redefine the legal and administrative status of Higher Educations Committee.The legal status of Higher Educations Committee is dual. To meet the challenge of judicial practice and enhance the legal system, we have to understand the administrative status of Higher Educations Committee and the difference between it and students regarding as legal status. The author tries to discuss the administrative master status of Higher Educations Committee by bringing theory, legislation and justice together. In the way, we can find evidence for the administrative master status of Higher Educations Committee in China.Firstly, the author will discuss a controversial focus at present, analyzing the disadvantage of defining Higher Educations Committee as "public institution" and the advantage of defining it as " a legal authorized organization " . The embarrassment of legal status of Higher Educations Committee will be analyzed integrally. Secondly, he will move to the possibility of administrative master status of Higher Educations Committee by analyzing the theory of administrative master, the characteristic of management, the relationship Higher Educations Committee and students and student right almsgiving. Thirdly, evidence of administrative master status of Higher Educations Committee will be provided by the theories of civil artificial person. In the end, it will come to a conclusion that it is necessary to authorize Higher Educations Committee as "administrative master" and to define its range. The author implies that juridical censor is necessary for help Higher Educations Committee realize such status legally.