The Comparision Between The "University Act" In Taiwan Area And The "Higher Education Law" In Mainland

Countries around the world pay more attention to education of legal system is an important feature of the contemporary education development, the law plays an important role in education practice, a good legal normative system is very important to ensure the steady development of higher education. On both sides of the legal system construction of higher education have experienced a long-term development, because of the differences in social and historical reasons. It attaches great importance to the education law in China Taiwan area, relatively complete, rigorous structure, standard forms of education legal system has gradually established through continuous development and revision. The "University Act" in Taiwan was enacted in1948as early as the period of the republic of China and the latest revised to2005, the "Higher Education Law" didn’t amended since promulgated. Two laws play a role as "parent law"of higher education in both mainland and Taiwan area. The "University Act" after seven times correction since enacted, its legal content is increasingly perfect, especially aspects in clarify the legal status of university organization, university academic freedom, safeguard the rights,interests of teachers and students in universities and improve the system of legal remedies,worthy of our in-depth study and explore. Therefore, this article will start from the comparison of higher education legal system, comparing on the three aspects of the legislation, the main content and the implementation status of the two laws. By comparing two laws, find out the similarities and differences for the modification of the "Higher Education Law".In research methods, this article mainly use literature research, historical research and comparison method, draw some conclusions through the the comparison of three dimensions. Firstly in terms of legislation, the higher education legislative work started late in mainland, Taiwan area pay more attention to the timely revision of "University Act" with more perfect laws and regulations. Secondly in terms of legal content, the two laws have differences in the legislative aim, the legal status of universities, organization, teachers and students’rights security. Finally in terms of law enforcement, the "University Act" is more outstanding in coordinating laws, emphasizing the legal supervision and legal relief system, but there still exists the situation of big scale, low efficiency of the organization. While the"Higher Education Law" has promoted the reform and perfection of higher education management system in certain extent and has established the legal status of universities, students and teachers, but there are series of problems to be solved, such as the legal stipulation is too general, lacking of legal procedural regulation, lacking of legal supervision and relief system, the absence of legal liability and the fuzziness and so on.In conclusion, by comparing the "University Act" and the "Higher Education Law", finding some problems in the contents and legal practice of the "Higher Education Law", it is necessary starting from the present situation of higher education, making necessary adjustment to the "Higher Education Law" and putting forward some modification Suggestions. First, the legislation principle should highlight the "people-oriented" and "academic freedom"; Second, improve the compatibility of the "Higher Education Law" with other laws and regulations; Third, broaden the teachers and students rights, perfect the relief system; Fourth, perfect the legal supervision of the "Higher Education Law"; Fifth, establish related sections with "illegal".