Under Administrative Law Autonomy For Universities In China

With the national long-term education reform and development Plan (2010—2020) study of university autonomy is put on the agenda. In recent years, social management innovation system reform in the deepening of institutional innovation in the field of higher education, mainly on university autonomy. The new future of the university depends on the colleges and universities the flexibility of school autonomy, changing China’s socialist market economic development and higher education system reform and innovation are inseparable. Of university autonomy from the university to the government and then to the community to reach a consensus on the legal level, expand and implementation of university autonomy is an important theme of the reform of the higher education system in China. Today, the reform of university autonomy in China after30years of effort, has made certain achievements, the deepening of the process of reform, however, the autonomy of colleges and universities used "colleges and universities to administrative has aroused widespread concern, a series of problems in the institutions of higher learning in the school also will be raised.From a theoretical point of view, the theoretical study of university autonomy still inadequacies, especially in the perspective of law, under Administrative Law Research weak, colleges and universities autonomy connotation, denotation, legal attributes, current status and implementation of the specificcountermeasures, such as a series of questions need to be further clarified, in-depth analysis from the perspective of law become a top priority. University autonomy of administrative law property qualitatively different opinions, some scholars believe that it is a public authority, some scholars believe that it is a private right, as well as scholars think that it is a complex type of public power. This paper analyzed from the point of view of the power and the right to property of its administrative law, I prefer that it is a complex type of public power. Clear the main body of university autonomy, the scope of competence between the government and institutions of higher learning exercise, the specific implementation of the autonomy research has become a priority. From a practical point of view, the new China was founded early plan under the constraints of the economic system, the imperfections of the education management system, excessive government intervention in the management of universities, the lack of laws and regulations, university autonomy in the source is not been resolved. With the construction of China’s reform and opening up and socialist country under the rule of law, institutions of higher learning autonomy reform measures are also constantly improve, which is not only the introduction of the Education Act, enacted a series of laws and regulations, in order to improve China’s colleges and universities autonomyinstitutional and legal protection. Colleges and universities to the deepening of the reform of the administration of the policy to protect the autonomy of colleges and universities. Colleges and Universities run system reform with the government, the community supervision and check each other and co-ordination, independent colleges and universities provide an institutional guarantee.This paper is divided into three parts. The first part of the first analysis, the concept of university autonomy clear intension and extension of the autonomy of the universities, university autonomy is defined. Then the analysis right, power in nature, and thus the legal property of qualitative university autonomy. The right to so-called "public rights" and "private"."Public rights" as well as government delegation of public power in addition to the public authority based on the identity of the university "Public Agency"."Private" college itself is based on the dominant position of civil rights, the definition of university autonomy is a complex rights. Finally, the subject and authority exercised by the university autonomy up to analyze the properties of administrative law. The second part of the first to the status quo of China’s current university autonomy in the exercise of the allocation of rights between the government and universities situation, China’s colleges and universities in the transition period between the government and a series of the status quo, then the status quoas reflected in a series of legal problems, mainly reflected in the legislative, executive and judicial. Some of the legal problems encountered in the exercise of university autonomy. In addition to the internal system of the university itself, there are legal issues with the government on the allocation of rights, the legal relationship and other aspects, there are some legal issues. The third part are given for the existence of these legal issues and the corresponding countermeasures, on the improvement of legislation, given in the practice of law enforcement and judicial protection countermeasures, to the legal enforcement of university autonomy, to achieve true Institutes of Higher Learningof autonomy.