Legal System Research On Establishing Our College Charter

With the development of the higher education, establishing modern universitylaws and legislations rules has become an urgent task of higher education circle. Andthe country and society pay much attention to the problem of how to make legal andvalid college regulation. College regulation is an extraordinary valuable researchsubject, which not only has important theoretical significance for building modernuniversity system and higher education legal system, but also has strong guidingsignificance for practical problems like building world-class universities in China,carrying out the university running autonomy, managing school as the laws, reformingcollege inner managerial system and so on. The college charter has an importantmeaning in managing the university under the law. From the macro perspective， itcan not only enrich our education jurisprudence, but also promote the building ofmodern university system. From the micro perspective，the charter could conducive tothe establishment of the university management standardization, the balanceddevelopment of the administrative power and academic power,and the clearercognition of college’s main powers and obligations.This thesis investigates the college regulations as a formal regulation from theview of analogous legal norm. In recent years, college regulation construction in ourcountry made many achievements, and the law of Education Act, Higher Education,etc. defines college regulations but doesn’t give a specific regulation on how to laydown university charter and its content. Due to the theoretical research’s fallingbehind, college regulations have problems inherently, so the development of collegeregulation construction lags behind. This paper aims to study legal system theory onmaking college regulation in our country, and provides theoretical guide for makinglegal and valid college regulationThis paper can be divided into4parts, the first part is introduction, which givesthe aim, significance, summarize and method of the research subject. The second partstudy the connotation and legal analysis of college regulation, this paper argues thatcollege regulations are regulatory documents which give comprehensive provisions asthe education act and other laws prescribe in accordance with certain procedures forcollege on important and basic items in text form. Then it legally analyses the collegeregulations formulate body, contents and so on, and propose the necessity onlegislating the college regulations establishment. The third part points out that the draws on legislating the college regulations establishment, legal status and effect ofcollege regulations are undefined, college internal and external legal relation isundefined, mainly including that internal and external relation is undefined, lacking ofprocedure provisions when establishing and carrying out college regulations,formulate body undefined. The fourth part provides legal channels on making collegeregulations in our country. At first, clear legal status and legal effect, ascertain thelegal status and legal effect in the state’s laws and regulations, standardize the form ofthe charter of college regulations; Then clear college internal and external legalrelation; then improve the formulation and implementation of the proceduralrequirements; finally, pay attention to the diversification of the main building of thecollege regulations construction, establish the board of the directors to developcollege regulations and supervision mechanism.