Transition Rule Of Law

This treatise is composed of 3 parts, mainly introduction, body and finis. In the introduction, public university is treated as the research object. The article analyse the far-reaching meanings of rule of law of the university, proposing the relating issues and introducing the innovation and deficiency of this text. Chapter 1 is on the foundations of rule of law of university. From the historical perspect , it has formed the tradition of academic freedom and university autonomy . From real angel , the modern university has common ideas . The idea of the university is to create knowledge, convey knowledge , train talents , service society, which having formed the academic freedom and community responsibility separately. Among them the academic freedom is the foundation of realizing the community responsibility of the university and the key part of the idea of the university. Chapter 2 is on the constitutional foundation . After analysing the academic freedom's content , nature and characteristic ,the author points out that the academic freedom is the fundamental right that the university enjoys and that university autonomy is the institutional guarantee to the academic freedom. The means of the university- autonomy- realization includes organizing means and power means. It is necessary and feasible to establish academic freedom and university autonomy in our country. Chapter 3 is on the organizational form of university autonomy. The university that the country sets up fulfiling the public function, is an administrative subject. From historical, current and other country's situation, we can draw a conclusion, that it is the legal person that realizes university autonomy, ensuring it's independence of country. The university belongs to the special administrative subject --Legal person of the public affair. Chapter 4 is about the management for the legal person of the university. The right ability, capacity and responsibility ability of the legal person of the university have it's particularity. It is true that the managment of the legal person of the university is the micro autonomy. After analyzing the principle that guiding the university management, basic system and realizing-means, the author tries to make a concrete analysis of the right, autonomy legislative power, autonomy executive power and financial right, and carries on the discussion to nature which the organization mode , leading body , autonomy inside the university legislated ,etc. by the way of connecting realizing-meaning with autonomy power. Chapter 5 deals with members of the university. It also analyzes relationship between university member and university. The student, teacher and administrative personnel form members of the university together. On the basis of distinguishing the identity and citizenship, it analyzes the two as the content of members' rights and obligations of the university and system guarantee, combining with their current situations. Chapter 6 tackles with a relation between country and university. Efficiency and fairness need that country gets involved in the management of the university , but the country does not a monopsonist in this fields. The relation between country and university will be reanalyzed in term of regulation and deregulation. In our country, the education function of the country needs improving on the range and way. The country gets involved in the way of legislating and administrating. Chapter 7 is about the settlement of the dispute rising from the university. The dispute is a dispute of public law, which inclues two types: the one is dispute between university and outsiders, the other is dispute between university and insiders. Different disputes have determined different settlement mechanisms. University dispute needs different dispute-resolution mechanism, such as administrative mechanism, judicial review and so on. The judicial review is a protective screen of the university's right, university member's right. At the end of the treatise, three systems are proposed: enacting the edu...