Juridical Persons Of Public Universities Of The Two Sides

Education is an important project and a nation's important political purpose as well.Furthermore,it is the people's fundamental rights because no one knows how to develop one's own personality and how to correctly protect one's own rights without receiving well education.A nation must offer her people a chance to receive education as a way to realize her obligation of looking after her people.As to in which way to ensure the right for her people to receive education,it is more important to establish higher education,especially the establishment of university,than fundamental education and secondary education only.The establishment of the university must achieve two major objectives of having university rather than building up an institution,namely university autonomy and academic freedom.With university autonomy and academic freedom, universities can develop freely,pursue excellence,explore knowledge and therefore strengthen people's development of personality and self-actualization.Public universities of Taiwan do not have legal personality but only are subordinate to government administrative agency.Through the efforts for more than two decades along with the open of judicial interpretation, the reform of the system of the university has been triggered and step out eventually,especially with respect to how to be free from administrative interference and how to assure university autonomy and academic freedom. The academy has disputed these subjects for over twenty years.It is agreed that the only feasible way to achieve university autonomy,academic freedom and free from administrative interference is to have independent legal personality.As a result,when we study how to give public universities independent legal personality,we also need to explore what is university autonomy and what is academic freedom.Public universities of Mainland China have legal personality according to relevant legal provisions and explanations.However,it is also observed that public universities are unwilling to have legal personality to avoid taking responsibility.It is worthy to compare and deliberate opposite trends between public universities of cross Strait.This study will start from summarizing current system of public universities of Taiwan,its development and system of foreign universities as well for further comparison.This study will also summary the current status of system of public universities of Mainland China,then compare two systems between cross Strait.Finally,it is expected to provide reference for reform of systems of public universities cross Strait.