A Study On Modern University Statutes Construction In China

University education system reform provide a legal basis and space of operation between the government and universities for establishing contract management relations. University statutes bear the legal property that it is the cornerstone of the modern university system; It has not only important theoretical significance for the construction of a modern university system and higher education law, but also has practical significance for building world-class universities in China, promoting and improving the university to run independently in accordance with law, building a power structure capable of dealing with "conflict and diverse interests" and making decisions, re-building the relationship between government and universities and internal governance system, presenting a possible way to balance the relations between executive power and academic power.To build modern university system with Chinese characteristics is essential to the reform of higher education, and the building of university statutes is the main step to establishment of the modern university system. On July30,2010, the government issued The National Long-and mid-term Education Reform and Development Outline (2010-2020), the Outline is the strategic planning document for the next10-year national education development. Outline is the blueprint for higher education reform. It is a comprehensive planning and deployment of education reform and development for the next decade. It clearly states that statues:"all kinds of colleges and universities should develop according to law and statues" and that "Schools should establish and improve the statues and system to display its own characteristics compliance with the law". These have pointed out the direction for modern university statutes construction in China. Currently, there are still many problems for modern university statutes establishment in China. For example, in some universities, there are no laws nor statutes to follow. As a result, there is no clear definition of legal status, and there are too much administrative interference in the academy. All these show that the construction of modern university statutes in China is crucial to perfect the running of universities with Chinese characteristics. The dissertation theoretically specializes the issues of university statute:its significance and value. This presents the statute of the university as "real" and "ought" of the two states. Both statutes can be interpreted in two aspects:first, the correspondence between the statutes of the university and its own internal logic and its independent spirit and character; second, studying the statute of the university of the ideal state under the statute of the university's "real" state. With the help of theoretical analysis (logical analysis), text analysis, historical analysis, comparative analysis and multi-disciplinary research method, the present dissertation presents a qualitative study of modern statute of the universities in China.The ontological study of the university statute is the basis and starting point of the dissertation. The dissertation analyzes the essential issues concerning the nature, content, structure, noumenon, procedures, principles, and effectiveness of the statute of the university. Based on the discussion of the different ideas on the meaning of basic statute of the university, the dissertation writer presents her own concept of the statute of the university point of view. She proposes a concept on the statute of the university of view and argues that the statute of the university is to highlight the rationality of university, to protect autonomy of the university and to adjust interest within the university, and to standardize rights and obligation; it is a document of university with constitutional nature that elaborate the University's vision, mission, tasks, management system in text form,its essence is to demonstrate the rationality and autonomy of universities. Then, the dissertation comparatively analyzes the relationship between the statute of university and education laws and regulations, and strategic planning.Based upon the discussion of the content of university both domestic and foreign, the dissertation contends that the university statute should define the mission of the university, its internal management system, the rights and obligations of faculty and students and alumni, assets, operations and financial management, external relations and other social services and other specific content. From decision-making body and the affected body, the dissertation traces the history of its development and analyzes the status quo of decision-making body. Theoretically speaking, university-runners compose the university's decision-making body. Actually, the university is the main decision body of statute of the university. After an analysis of the principle and force of the statute of the university, the writer argues that statute should be legitimate, scientific, democratic, feasible, displaying the characteristics of the university, combining development with implementation, practicing with national conditions and following international practices. The statute of university should help maintain rationality of university as an academic organization.After studying the noumenon of statute of university, the dissertation analyzes its legal basis, and puts forward that the statute of modern university has the properties of administrative law, contract, autonomous law, lawsuit. Statute of the modern University has the following legal status:it is the university's charter and the basic law; it is also a series of ties and bridge that connect inside and outside system of the university and provides the legal basis for building the modern university system. Statute of modern university has internal force of law and externally displays its tennet and management mechanism to facilitate statute of the university.So, how to choose the ideology of the statute of university? The dissertation contends that the statutes of the university should contain the following the ideology of university on the base of analysis of spirit, philosophy, organizational structure and properties:the pursuit of reason is the choice of orientation to build the statute of modem university,university autonomy and academic freedom should be the essence of the construction of statute, it is the requriement of the times that university social responsibilities under the premise of respecting academic freedom and autonomy.The study traces the history of the development of statute of university in China and analyzes its existing problems. The dissertation reviews its development process (from Statute of Imperial Academy of the late Qing Dynasty, The Order of University of the Republic, to The60Articles of Higher Education of the PRC, etc). On this basis, the dissertation argues that the universities are confronting with new challenges. The problems include:the overlooking of university statute, blurring of legal position and effect, monopolicity in making, too general in content, shortage of text innovation, lack of the university characteristics, ignorance of the role of academic authority, inefficiency in implementation. The possible causes of these problems are:the historical tradition of government-controlling, changing objectives of the education management system, the vague legal definitions, no clearly defined rules for the educational authorities, and other reasons. All these have resulted in the absence of charter of the university and in the vague definition of rights between the inner and outer. In terms of the university itself, the construction of the statute has yet to be emphasized; the statute of the university and the actual management are apart from one another; the responsibilities among different ranges of bureaucracy are unclearly located.The present study compares the statute of University of Illinois in United States with the statute of Shanghai University in China. After analyzing the characteristics of statute of the University of Illinois, the thesis argues that we should learn from University of Illinois and make the statute of the university in China into university management structure of the relative balance of the executive power and the academic power, the legislative system with specific legal function, and the democratic scientific statute-making process, etc.The final part of the study dwells on the construction of the statute of the university in China. architecture a management system which academic power and administrative power is relatively balanced,the content of statute, discuss approaches achieving legality of statute.The study intends to devote more space to the research on the construction of the statute of the modern research university.The object of the research doesn't necessarily lead to the clarifying and resolving of problems:the research aims to the caustic examination of the problems and their practical significances.