Participate Through The Procedure

The construction of modern university system can’t do without the democratic management. Realizing democratic management in university must pay attention to the procedure, and protect stakeholders through due procedure in the decision-making process and the implementation of decision. Hearing can promote democratic management, and our educational department has concerned the role of the hearing. Some universities have established the hearing system in school rules, and put it into practice. So, it is necessary to study the hearing system in our university. The core problem of the research is:As an important means of democratic participation, how does the hearing system realize the democratic participation? The basic idea of this study is:empirical study---evaluate results---analyze the influence factors---learn from foreign experience---give suggestions to the perfection of the system.In this study, the empirical analysis of the current situation of our university hearing system from four angles through the ideal type method. The dimensions of analysis are divided into:the standardization of the verdict hearing system; the operation of the verdict hearing system; the standardization of the decision-making hearing system; the operation of the decision-making hearing system. The method of policy text analysis is used to research the standardization of university hearing system, and406universities are the investigation object, then119universities which have established the verdict hearing system and9universities which have established the decision-making hearing system are the analysis object to analyze the system text. The method of case analysis is used to study the operation of the hearing system, and one university is selected separately to further describe the operation of the verdict hearing system and the decision-making hearing system. According to the key elements of the verdict hearing and the decision-making hearing should possess, the study evaluates the verdict hearing system and the decision-making hearing system. Then, this study analyzes the system factors and cultural factors which influence university hearing system basing on the investigation.The countries under common law system have the condition to pay attention to procedure. The hearing system also exists in UK university and American University. The study adopts the method of case analysis to research and evaluate the hearing system in the University of California and the University of Cambridge. Then, analyzes the main factors which affect the hearing system in the two universities.The main conclusions of this study are:(1) The hearing system is one choose to promote the democratic management in university. The hearing system realizes the participation of stakeholders, and meets the demand of democratic management. The perfect of university hearing system is better for realizing stakeholders to participate the decision-making and the implementation of decision.(2) The establishment of the hearing system is the active behavior of part universities to govern university by law. At present, the design of the hearing system standard has some legitimacy, and the standardization level of the decision-making hearing system is higher than the standardization level of the verdict hearing system. The features of the decision-making hearing system are:the purpose is clear; the scope of hearing is defined scientifically; the hearing organization is neutral relatively; participants are wide and representative; the result of hearing is effective. The characters of the verdict hearing system are:the hearing organization lacks neutrality and professionalism; the scope of safeguard rights is limited; the process of hearing pays attention to the core of hearing procedure, but ignores the assistant procedure; the banding of the results is limited.(3) A few of universities has erected hearing system, and the area characteristic is obvious. Not only the verdict hearing system, but also the decision-making hearing system, the number of university to erect hearing system is limited. The present hearing system in a few university has obvious area characteristic. Some universities in Beijing and Shanghai have erected the verdict hearing system. Some universities in the province of Zhe Jiang have erected the hearing system, and the contents of the verdict hearing system and the decision-making hearing system are in one normative document. The hearing system in other areas has the area isomorphism, but they are regardless the merits and defects when they draw on the experience of other.(4) The operation level of the hearing system is uneven, some good and some bad, and the operation effect of the hearing system is varied. Only several universities operate verdict hearing system frequently, through the hearing to better protect the interests of students; Similarly, only several universities operate the decision-making hearing system to listen to the opinions of teachers and students, and adopt the reasonable opinions of them. Most hearing systems have become static norms and operate less, or the operation effect can’t restrain the final decision and decision-making.(5) The system factors, the cultural factors and the economic cost factors are the main factors to affect the standardization level and the operation of the university hearing system. The level of national law about university hearing system determines the standardization level of the university hearing system. Then the standardization level of the university hearing system affects its operation. The level of university leadership governing university by law determines the university hearing system’s erection and operation. The attitude of university administrators affects the content design and operation. The consciousness of teacher and student affects the effect of the operation. The hearing organization’s consideration about the time, manpower and financial resources to organize a hearing affects its choice; teacher and student’s consideration about the economic cost to take part in a hearing affects their intention to participate in it.(6) The university hearing system in Britain and USA is worth learning. By researching the hearing system in the University of California and the University of Cambridge, the features of the verdict hearing system in Britain and USA are the following:the hearing organization is very neutral; the scope of hearing is extensive; the hearing procedure has judicial nature; the hearing results has effectiveness. the features of the decision-making hearing system in USA are the following:the participants are varied; the hearing procedure is deliberative; the hearing results are effective.This study has the following suggestion to perfect our university hearing system. First, promoting the standardization of the university hearing system:it is the external force that our national law confirms the status of the university hearing system; it is the fountain that university administrators, especially the university president support it; the unified university hearing system should be chosen. Second, improving the operation effect of the university hearing system. It depends on that, the university president promote the level of governing university by law; the university administrators strengthen democratic management idea; teachers and students enhance the legal culture; judicial organ plays the function to supervise the university hearing system.