On The University Academic Power

From the interdisciplinary perspectives of politics, legacy and education, thedissertation focuses on the study of the essential attribute, the legal basis and thesystem of protection for the effective implementation, the mechanism protection, theprocedural safeguards and the legal regulation of the university academic power,based on the brief clarification of the connotation, the constitutional elements, themode changes and the functional role. The dominant ideology of the full text is: thebuilding construction of the university academic power is to release the tense logicrelations between the "academic" and the "power", trying to find a balance betweenthe "freedom" and the "regulation", by using the "academic" to resist the "power" inorder to force the “power” to obey and serve the “academic”, and to put the "bridle"of the law on the possibly abused and misused “power”. The theoretical orientation ofthe full text is: being limited to the major research on the internal form of theuniversity power, expounds the basic theory and the implementations protection of theuniversity power, in order to reconstruct the dominance of the university academicpower, to improve the university’s internal governance structure for the Chinesereform, and to explore the construction of the modern university system by providingthe theoretical support.The whole dissertation is composed of three parts, the introduction, the body andthe conclusion.The introduction part: for the university academic power, it analyzes andintroduces the era background, the real challenge, the research status, the researchideas and the research methods of the topic; It points out the initial thoughts for thisstudy and emphasis that we should foster the academic-based value of the university;it deepens the research of the academic power compositions and their mutual relations; it pays much attention on the study of the integration of various forces in theuniversity academic power; it outstands the paradigm research of the legalization ofthe academic power protection and so on.The body part contains two components, the former one and the latter one. Theformer argumentation is the university academic power’s ontology. This part consistsof four chapters, focusing on comprehensively reorganizing of the connotation anddenotation of the university academic power, the constitutional factors and the modechanges, the intrinsic value and extrinsic aspirations, summarizing the internal basis,the fundamental source, the essential characteristics and the rationality and legitimacyof the university academic power, and making the legal justification on the legitimacyof the law paradigm of the university academic power. Here the author’s main pointsare: the university academic power is not given by the external sources, but is tosatisfy the objective needs of the academic freedom and the university autonomy,which is a product of the discipline system and the expansion of the universityfunction; due to the rich content of the rule of law just fit the ideal pursuit and thespirit of the modern university, it is necessary to draw it into the paradigm research ofthe rule of law; the description of the characteristics of the university academic powerin the building construction of the university paradigm of the rule of law, mainlyembodied as being given its legal status, being provided effective protection and beingled onto the road of the “benign law” and “good governance".The latter argumentation is the protection argument of the university academicpower. This part also consists of four chapters. On the basis of the brief demonstrationof why the university academic power needs protection and how to protect, the authorimportantly combs the implementation protection problems of the university academicpower of our country, with the practice of the system construction of our country’smodern university. Firstly to discuss the operating principles of university academicpower, summarizing the principle protection of the academic orientation, the freedomand fairness, the proportional appropriation, the procedure legal and so on; And thento further elucidate the mechanism of the university academic power and systemprotection, including to improve the university corporation system, to clarify thecomposition structure of the academic committee, to formulate the universityacademic charter, to achieve the balance and the power interaction between theacademic power and the administrative power and so on; Finally to establish the legal protection of the university academic power, including to analyze and appraise somerelated issues, such as the legislation, the law enforcement and the judicial practice.The conclusion part: the author considers that the freedom and the autonomypursued by the university academic power, the domination and the obedience stressedby the university academic power, must be based on the applicable law system, so thatthe mechanism and the system could be able to run effectively. Therefore, for theuniversity academic power, they are called the protection weapons, which are toemphasize the return to the academic standard, to strengthen the dominant position ofthe scholars, to protect the university spirit and culture of the academic freedom andthe university autonomy, and to establish the system of the university autonomy andthe self-regulatory.The innovations of this dissertation are: to focus on clarifying the intrusive valueof the university academic power, to adhere to the spirit of the idea of allowinguniversities to return to the “academic-based”; to hold the ideology of the academicfreedom and university autonomy; to consider that the university academic power isthe un-fully exercise of the academic freedom and the means of achieving of theuniversity autonomy; to advocate by the academic power of decision-making andadministrative authority to enforce the university management system positively; toimprove the university’s internal governance structure the rule of law; to build aliberal construction of modern university system environment. This paper attempts toanswer these questions through theoretical and empirical research, to solve the currentproblems of the conflict, collision and offset between the university academic andadministrative authority, to avoid the trend of being administrated of the academicpower, to rebuild the dominance of the university academic power, and to expect to beable to provide theoretical support for the current construction of the modernuniversity system.