The Mechanisms Of Power Restriction In Public Universities&Colleges In China

The15th,17th&18th reports of Communist Party of China explicitly put forwards the improvement of power restriction and supervision system to ensure powers running correctly. The reports above mean our party a deepening cognition on the power operation mechanism. At the same time, internal power of public higher learning institution is highly concentrated in, as s result, the campus top power-holders without being effectively restricted, which runs in a way of non-institutionalized. Based on the above background and problems, this study mainly focuses on the problem of how to build and perfect the university internal power restriction mechanisms. Around the core concept of "power restriction mechanism", this study follows a research train of thought of "(power) subjects,(power) relations and (power) restriction mechanisms" to answer the questions with case study, historical and comparative research methods. The paper’s framework is formed on three proposed problems.The medieval university internal power restriction mechanism, through the study of history, is mainly mechanism of limiting the power with culture based on religion, sacred oath and University charter. That of modern time’s universities is mainly "academic administrative power" duality of power restricting power mechanism type because of the enlargement of the scales, functions of universities and the intervention of state power. Modern universities as a stakeholder organization, in addition to the basic restriction mechanism, its outstanding features of power restrict mechanism is in the form of social rights of board.According universities internal power relations change, Chinese colleges and universities internal power restriction mechanisms have experienced periods of the administrative control of the imperial university, faculties governance of Beijing University and the southwest united university, and the period of under the leadership of party committee of the People’s Republic of China. Power restriction mechanism in addition to the typical of senate, administration and faculty decentralized restriction mechanism in special times of the southwest united university, are mainly show feature of "the mantis catching cicada" type. It is a vertical power restriction mechanism. Anther power restriction mechanism based on personal moral conscious. The former appears something of vertical supervision, while the later mainly depends on individual morality.By comparing the internal power restriction mechanism in universities among the United States, Britain, Germany and Japan, the author found the stick out feature of the US universities’ power restriction mechanism is still mechanism of rights restricting powers by the board of directors’system. This mechanism is based on decentralized management and university autonomy. There are three models of power restriction mechanisms in British universities, which are model of Oxford and Cambridge universities, pre-1992and post-1992universities and colleges. The former mainly is a mechanism of restricting power with rights and culture, while the latter is of decentralized restriction mechanism and right restricting power mechanism by the board of directors; German universities power restriction mechanism on the basis of "faculty governance" and decentralized governance mechanism gradually to seek social rights, in the form of board of directors, restricting power mechanism type. After the national university corporation law enacted, Japanese universities form a new centralized control mode, headed by President but for amateur participation in university governance for the social constraints of power mechanism.Through interviews and statistical analysis, the author found that perfect each rules and regulations is still the current and future issues needed to solve in Chinese public universities. Seeing from the effect of power restriction mechanisms, the author found essential issue is its non-institutionalized operation problems in campus in China, main performs the follow contradictions, which are the contradiction between the leadership of the party committee and that of secretary of the party committee, the contradiction between power and right at the university,"two heads" of the game, and informal relationships based on power "hidden rules" cultural issues, and the contradiction of "rule by law and rule by man", etc.According to the problems above, this study, from four dimensions, proposes the countermeasures. First of all, the party committee should mainly play right of university governance and reserve of approval of important decisions at the university; President Selection system needed to be implemented, the government and universities should make President election and appointment of phases separated, promote university principal professionalization; Giving the academic committee of violations "chapter" veto power. At the same time, the author suggests improving the effectiveness of the social and democratic powers in university power restriction as both system requirements, and finally forming differences decision-making and complementary advantages in the internal power relations among party, administrators, professors and social stakeholders. Second, the author advises to revise and perfect the higher education law of china, and to be sure the legal effect of universities statutes and other internal rules. The party committee and president and other internal power-holders in universities should guarantee exercise by laws and due processes. While, discipline inspection committee and auditing department should be independently exercised for its’ duties led by higher committees outside of universities. Third, the author argues that government and universities should definitude the legal status of the board and its mechanism of participating in university decision-making, and empower the board rights of query, evaluate and recommend on president for duties. The author also argues guaranteeing faculty delegates’congress rights to vote and to ask dismissing the president and other power-holders. Simultaneously, government and university power-holders should definitude the legal validity of running laws and rules of faculty delegates’ congress and perfect the operation mechanism of it. Based on above, government and university power-holders should ensure faculty delegates’ congress run its duties independently under the leadership of the party committee. Last improvement proposal is for the cultural restrictions. The study suggests university power-holders to reconstruct academic ecological culture, which are culture of clean political power governance, culture of efficient and responsible for administrative power service, culture of free academic power autonomous and innovation and culture of harmonious and democratic rights of supervision. Universities’power-holders should convert university statutes, rules transform into the value of faith, so as to each power-holder executes power&right in a way of cultural consciousness, and to be sure effectiveness of cultural restriction powers.