On The Legal Administrative Relationship In Chinese Public University

This paper analyzes the rights and obligations between university and its faculty amd students both of substential and procedural to regulate power of university and to protect rights of staff and students,with the Legal Administrative Relation Theory as methodology and Theory of Important Event as a standard,puts forward some proposals in achieving "the rule of law" in Chinese public university.The first chapter introduces the analytical frame of this paper.As the new phenomena of administrative law emerging in endlessly and the traditional administrative theory can't provide bases,a new method need to be introduced.With the merits of focusing on relationship, weakening the power nature,emphasizing the normative and overall nature, the Legal Administrative Relation Theory rises.Adopting the frame of Legal Administrative Relation Theory to analyze the relationship in university will crush the restrictions set by the Administrative Act Theory such as the analysis of administrative subject and it takes Theory of Important event as the standard to provide the theory base for reseach on the legal relationship in university.The second and the third chapter enumerate the substantial contents of the legal administrative relationship in university.The second chapter discussed the legal administrative relation between university and its faculty.University and faculty have administrative contract relation based on employment.University has the power to approve teaching qualification,evaluating proffessors' qualification, promoting,hiring professors and regulating teaching.University has the duty to protect faculty's right to participate in university affairs,to protect the right of teachers' to get continuing education and get training.The teacher has the right to teach and research,to advise and evaluate students, to get paid and to participate in university affairs and to progress. Nevertheless,the teacher also has the responsibility to abide by laws and university regulations,to carry out duties which are included in contract,to evaluate and cultivate and protect students.The third chapter analyzes the legal administrative relationship between university and its students.Unicersity has the power to recruit students,to confer degrees and certificate,to do school roll management, educating management and the student union management.Nevertheless university has the responsibility to avaluate student fairly.Students have the right to be taught,to participate in school management,to get help being in economic diffuculty and to receive fair evaluation while have the obligation to comply with the university's regulation rules,obey the roll management and educating management.The fourth chapter discusses the procedural contents of the legal administrative relationship in university,which,on the hand,are the procedural rights of teachers and students.Dual process provides teachers and students procedural protection before facing adverse disposal while "appeal system" affords the protection afterwards,both of which are the overall,economic administrative remedies.As the remedy outside,the judicial review,which is the last and the fairest safeguard for rights establishes the "important event" as the standard to accept and hear administrative case of university,on the bases of which some important events are identified.As the summarization and illumination,the last part puts forward the imagination for fulture research.