Research On Value Of University Statutes

University statutes is a research question of great value for discussion. It is of great theoretical significance to the construction of modern university system and of the legal system of higher education. Besides, it also has instructive significance in so many realistic issues as in constructing world-class universities in China, in carrying out the policy allowing universities running on independently, in governing university by law, and in internal reforms of the administrative systems in universities. Strictly speaking, though university statute is not a legal norm, it owns similar properties, characteristics and functions to legal norm. Therefore, it can be regarded as legal norm in this sense. From the perspective of generic legal norm, this study takes university statute as a formal system existence. Based on Marxist philosophy and applying the qualitative study pattern, this research studies university statute and its values, using the method of theoretical analysis or method of logical analysis, especially the method of value and the integrated method of multiple subjects. The noumenal analysis and basic orientation to university statute are the starting point and basis of this study. This involves the connotation, contents, property of university statute. The thesis analyzes the phenomenal configuration, noumenal configuration and essential configuration of university statute, and confines the connotation of it. The essence of university statute is to adjust and distribute internal and external principal interests related to education. This thesis also puts forward viewpoints on the contents of university statute from the perspective of absolute recordation proceeding, perspective of relative recordation proceeding and perspective of arbitrary recordation proceeding. Meanwhile, this study investigates contraction property, autonomy property and public-law property of university statute, together with the analysis of principal constituting and effectiveness of it. Based on the noumenal analysis on university statute and using the views and methods of value study for reference, this research discusses the meaning of university statute value and analyzes the subject and object of university statute value and the relationship between them. In the analysis to the relationship between university statute values, this research brings forward the goals of university statute value: to form vivacious and systematical order for university education, to advance the efficiency of university education, and to guarantee and promote academic freedom, the equality of university education, and the democracy of university education. Then comes to the question: How to realize the value goals of university statute? From the viewpoint of subject theory, it mostly depends on the validity and rationality of university statute value goals. The validity of university statute value goals depends on the appropriate social orientation of university organizations; the rationality depends on the scientific and rational cognition of the university organizations and on following the internal logic of university education. From the perspective of validity, universities are oriented as third departmental organization not aiming profit, or it can be oriented to cultural field. It aims to pursue truth and cultivate talents. Only in this way can it meet the interest demand of the mass principal part of the education. When dealing with the relationship between university and government, government is supposed to govern education all based on laws and it is supposed to alter the administrating methods. University really ought to become the independent and autonomous subject. From the perspective of rationality, rationality can be achieved only when the academic essentiality of university organization is reflected scientifically, the internal logic of the development of university organization is followed and essential function in administrating the university academic affairs is brought into play by the academic personnel. It is required that academic freedom and the professor-governing-college principle be realized in the internal administration of the universities. This research finally comes back to the reality of the higher education administrationin our country. Based on review and summary of the historical development of university statute and viewing as background the present situation of higher education reform and development and the existence of university statute in our country, this study discusses the value goals the university statute should pursue. The goals include the harmony of order and freedom and the harmony between equality and efficiency. This is followed by the argument of value idea and regulation of university statute our universities ought to own. This argument takes validity and rationality as the theoretical analysis tool and analytical dimensionality and it aims at the present deficiency of the college-is-the principal-part consciousness, the eagerness for quick success and instant benefit and the administration tendency in university administration.