Reasearch On The Order Value Of Chinese Higher Education Law

As the reform of China's higher education is in full swing, the construction of higher educational legal system has gradually been intensified as well, in the course of which legislation on higher education speeds up, judicial affairs concerning and among higher education institutions are flourished, and the reform of administration execution and law enforcement in higher education institutions now reaches the most critical phase. Theories are vibrant on directing construction of higher education legal system, such as theories on right of educating and right of being educated, academic freedom theories and legal relationship theories, which have offered good instructions for the construction of higher education legal system. However, all those theories are short of integration and criticism to some extent. In reality, the rationality of higher education reform has been doubted by various issues. The so-called"there is law but still no order"status quo of higher education, highlights the crisis of the value rationality of higher education law construction.In the eyes of those liberalists, order comes into being spontaneously, with which people feel no constraint or restriction, but support and obey all orders heart and soul. Therefore the form of order can only be found in the evolvement of the long history without any contrived restriction, otherwise, the most valuable freedom would be damaged. However, in the view of planned order, order can only be formed by compelling orders and strict punishments, thus people are forced to accept and obey. In this way, order means giving up freedom and submitting to leaders. Therefore, the form of order is the result of plans and instructions. Order is planned and arranged by a person whose intelligence and moral character are above all other social members, hence he could dominate the society. No society has only one order. A reasonable society is the perfect combination of free order and planned order.There are many disagreements about the law value, which can be summed up in two main arguments: one is practical view on law value. In this case, law is reviewed by the degree how it meets the social demand, which to some extent means the demand of those people with high status. The other one is exceeding view on law value, reviewing law based on the basic ideal of human being. It requires that law influence the whole society exceeding the concrete and partial social functions. Generally speaking, planned order view reviews law value based on practical argument, while spontaneous order view emphasizes more on exceeding one. However, law value does not belong to only one of them, but to the combination of them. Any prejudiced argument may lead the malfunction of law.This article makes an ideal design and a practical meditation and analysis on the construction of a reasonable law for higher education order. If we insist that higher education order is the combination of planned order and spontaneous order, and the law value of higher education is the combination of practical value and exceeding value, then higher education law would not only benefit the management of the state to higher education, but protect citizen's right for higher education. Therefore, all rights of educating would be in safety, higher education law would emphasize more on efficiency about the distribution of higher education resource and collocation of management system, and equal rights for higher education would be protected as well. If higher education law concerns all these internal requirements, it would bring out a safe, efficient and equal higher education order, namely an ideal higher education order. However, we do not have such an order value in our higher education law because of special history. The current higher education law concerns more on a planned order construction, and the value of law represents more implemental value. To pursuit only one side is the very reason why our multiplicities society is out of control of the current order and law value, and the whole higher education is at serious"disorder". In order to change the current situation, the radical method is to construct the consensus of the value of higher education law, and change the situation that law is not been believed and followed. Therefore higher education law would be implemented completely in the whole society.