The Research On The University’s Independent Right Of Running Itself And Its Fulfilling Problems

"University’s independent right of running itself ", which is a unique academic appellation, is put forward by our higher educators according to the educational reform and development requirements. The inner spirit in our country originated from the west, which is the transplantation and deduction from western "university autonomy" mental essence. In fact, it aims at realizing the reasonable configuration of power and responsibility in the higher education system and the core problem is how to deal with the relationship between government and universities. The difference is that university autonomy is based on the existence of academic freedom, which pays attention to the practical application. While the implement of university’s independent right of running itself is a political act by the government in order to adapt to the social politics, economy and development of education, and is the given and limited power that is the premise requirement of the government administrative reform. The current focus on it lies in the availability and range of this right. In view of the relativity, hierarchy, historical development and diverse characteristics of" university’s independent right of running itself ", this research holds the idea that the essence of university’s independent right of running itself is that higher schools or institutions, in order to protect its own school activity are fit for objective law and its own characteristics, must have the required qualifications and skills to realize talents, scientific research and social service according to the law. Either as the legal representative of the higher school, or the teachers and students as individuals, all can be the exercising body of running university’s independent right and each has different autonomy, which is decided by the complex power structure and multiple legal attributes. Investigating its legal attribute, the autonomy of running a university, as a kind of special composite right in different relationship, can not only manifest as power but also reflect the authority.Through the history of west universities, all can be said as the traditional cultivation history of "university autonomy", as the continuously improving process of its meaning and purpose and as the continuous compromise and defense to the external forces such as church or government. In this process, because of the differences among the political system, cultural tradition, educational philosophy and others, the university autonomous evolution and mode of operation of different countries is not the same. But in the era of knowledge economy, the external environment and the internal logic of the development of higher education, university autonomy is determined by the presence of consistent external characteristics and the internal conditions. Among them, the main external features are the management of higher education, the macroeconomic management of government, coordination and the independent of management of the intermediary. The main internal conditions are the university system construction, the perfect interior management structure of university, the principal responsibility system and the collective decision-making meeting system, and the mutual coordination academic power and administrative power. These characteristics and conditions show that it is valuable for the implementation of autonomy of colleges and universities in China. Compared with a long history of development of western university autonomy, our country didn’t absorb the essence of western "university autonomy" and "academic freedom" until the nineteen twenties and reached a hitherto unknown height in the period of the Republic of China, trying to completely introduce the western higher education system and method. But objectively, this is due to the weakness of political strength and the turbulence caused by ignorance and neglect. As is the saying "people put things up, the person dies politics breath", it did not have a stable relationship between government and school, and soon disappeared with the change of external environment and pattern.At the beginning of the new China was founded, the country executes a highly centralized planned economic system. All power is fully held by the government. Higher education institution also has been all-round controlled by government. After reforming and opening. With the pushing of higher education reform, from the university’s independent right of running itself was put forward in1979to the central government gives a definite positioning in1985, and won independence of legal person status by the Higher Education Act1998, so far the higher education institutions have the clear legal basis to carried out the university’s independent right of running itself. According to the regulation of the Higher Education Act, the main contents of the autonomy of the university cover recruit students, subject setting, teaching, scientific research and development, social services, international exchanges and cooperation, institutional setup and personnel, property management and use, etc. Based on this range boundaries and realistic foundation, we construct the secondary evaluation index system of carrying outing the autonomy of the university. According to the feature classification of length of service phase, work scope, school level and properties of the people of nearly100colleges and universities in domestic nine provinces and cities, we conducted questionnaire and on-the-spot interviews. Combined with the data from research and interview materials, using the empirical analysis methods, we made a comprehensive evaluation and analysis, and then drew a general conclusion to carry out the autonomy of the university. Our research shows that since1998our country has made some progress in the process of expanding and implementing the autonomy of the university, the autonomy has won a final score49.3in the criteria of100percent and got "relatively independent" rating and achieved the secondary degree of independent level. All fields of evaluation score is nearly in "relatively independent" level range. In descending order they are the rights of their teaching, the scientific research and development and social service, the international exchange, financial freedom, institutional setup and personnel management, subject setting, recruit students and so on. Among them their teaching won the relatively independent rating better. However, we haven’t achieved the ideal effect in some key indicators on funds, personnel of all inside fields and still have a large gap that agrees with regulars. It shows that many colleges and universities have no or less right of speaking in the allocation process of the resources. But everything that administrative power of colleges and universities hasn’t changed and that the power doesn’t agree with the statute will be included in the legal system of protection. With the political and economic system reform in full swing, we have the same common orientation about running colleges and universities independently in the open society system of the diversified market. With the deepening of the reform of the education system the further implement of the autonomy of the university is the trend of the time.According to the above conclusion, this research will attributed to the implementation of universities autonomy from administrative system, law, management and social factors, and will deeply tap the reason of block university autonomy from being implemented. First, the legal malfunction. Because the current legal system has design defect, it haven’t yet formed the system security for higher school "legal person". In the most basic positioning problem, the relation between the government and the university in the specific provisions are stultifying itself. The limit of many core powers between the universities and the government authority are not clear. Neither has it limited the government power, nor has it stipulated the rights and responsibilities in the universities, even not involved in the necessary legal remedies, which led to many "vacuum zone" on the behavior of the supervision. Second, the centralization management system. In modern management mode, the government has the right to host the university, the run the university and to manage the university. And this has not fundamentally changed. Many "core" power involving the allocation of resources remained in the hands of the government, even if be "decentralized" to the university, it is only the restriction of "give" in the power within the framework or just from the central level authorities to local authorities. The control of the government has no substantial loosening, and the direct management and intervention which rely on administrative order and plan still exists while the necessary assessment and regulatory functions tend to fade. Third, the university deficiency. Because the university charter construction is far behind the development of the reality, the relationship between university and other aspects lacks the necessary constraint. The division of collaborators and the operators is not clear, so the government obtains the no boundary power to interfere the college. And the primary group such as the teachers and students is also fuzzy about the rights and obligations relations, which makes it difficult to participate effectively in the school’s management and development, and even more difficult to protect their legal interests.On the other hand, the management system of the simple leading system and the "organ" of management departments and administrative management mode are to be managed from internal structure. Fourth, the social interference. The implement of university autonomy is restricted by the cultural inertia and is interfered by market factors. Among them, the traditional cultural value system stresses on ethics cultural orientation,"ranking of political culture" and one way of thinking and value orientation, which objectively limited the thought and behavior to run the university. And with the influence of the market strategy by the government, the intervening of market adjustment mechanism to the higher education management with utilitarianism also formed new interference in colleges. This shows that the reason of stop the implement of university autonomy is above four levels. The lack of cohesion, further falsified the implement among the government, universities and different social bodies further falsified the implement of the autonomy of the university’s system arrangement, and that can not meet the practical needs of the university to run independently.For this, based on reason of the implementation of university autonomy, this thesis puts forward the concrete countermeasures on how to effectively realize the implementation of the autonomy of the university from the government, university and society according to intervention principle of government leading, university statute and social intervention, which highlight the intercoordination and coordination among the government, universities and different social main body. The government makes great efforts to guarantee the consolidation of the legal person’s position through the perfect legal standard coordination between the government and university. At the same time, the government further speed up and promote education system reform through the construction of the new relationship between government and university to achieve power of two-way interaction. And the universities energetically promote the articles to coordinate the relationship between the government and society and regulate the reasonable operation of internal power with institutionalization. The society should promote the management and service level with the aid of multiple social forces, activate the bridge role of social intermediary organizations, enhance the dialogue and cooperation between government and university and make sure that there is a third force in university supervision. On the other hand, the university should also take action to drive the market, to maintain the usage of the market mechanism and market standard in order to overcome the limitations of market power and to realize the reasonable coordination of the interests of all parties.