Study On China's Higher Education Governance Under The Rule Of Law

In order to realize modernization of higher education government system and governance capacity,in 2014,the National Education System Reform Leading Group Office issued Opinions on Further Implementing and Expanding Running Autonomy and Perfecting Internal Governance Structure in Colleges and Universities;in 2015,the Ministry of Education issued Opinions on Deepening Separation of Educational Management,School Running and Evaluation and Promoting Transformation of Government Functions.Based on the above reform opinions,a pattern of government macro-management,school running independently in accordance with the law and wide social participation and support will be basically formed in 2020.However,the reform of more than 30 years has proved that policy path cannot achieve the construction of the higher education governance mode;to achieve diversified governance of higher education,the path of rule of law must be adopted,bringing the governance of higher education to the orbit of legalization.But higher education governance mode does not mean that all shall be under the rule of law,only the important and stable contents shall be legalized.From the perspective of system theory,the important and stable factors of higher education governance system are higher education governing subjects(system elements)and higher education governance legal relationship(system structure).To establish a legal relationship model of higher education governance,the core is to legalize the rights and liabilities of higher education governance.Of course,after the establishment of higher education governance system structure,there will be also the phenomenon of disorder for higher education governance.Therefore,in order to avoid the disorder of higher education governance,process control in legal procedure shall be done for the operation of higher education governance,controlling the results in terms of legal liability.The structure of the full text is arranged as follows:Chapter One is the part of introduction.It starts with the background of topic to introduce the research significance,summarize the researches at home and abroad and introduce the research idea,main contents,research methods and main innovation points.Chapter Two defines the basic concept of higher education governance legalization;expounds the theoretical basis of higher education governance legalization,discussing the necessity of the higher education governance legalization;through analyzing China's higher education governance mode,clarifies the basic content of higher education governance legalization in our country,including higher education governance subject legalization,higher education governance relationship legalization,higher education governance right & liability legalization and higher education governance legal procedure and legal liability.Chapter Three analyzes the present situation of our higher education governance legalization.Currently,in the process of legalization of higher education governance in our country,there are the following problems: higher education governance mainly stays at the level of policy,lacking legislation;the phenomenon of failure to abide by the law for higher education governance is serious;there is too strong randomness for government's higher education reform;the school running of colleges and universities lays particular stress on government,it's hard to realize society-oriented school running.In addition,there are also the obstacles from government,colleges and universities and society for higher education governance legalization in our country,which hinder the legalization process of higher education governance.The problems and obstacles for higher education governance legalization can only be solved by higher education governance legalization.The basic idea of higher education governance legalization is to sweep away these obstacles by legalization and solve the problems arising from insufficient legalization.Chapter IV conducts theoretical analysis on legalization of higher education governance subjects in our country.First of all,it defines the concept and scope of higher education governance subjects;secondly,it puts forward the concept of higher education governance subject legalization,its core is to give qualification(right capacity)to higher education governance subjects by law so as to guarantee universality,independence,organization and specialization of higher education governance subjects;thirdly,it discusses the qualifications of subjects in higher education governance,including government,colleges & universities and society,mainly discussing the certainty design of independent administrative legal personality of subject of colleges & universities,necessity for confirming the qualification of subject of society and “legal deregulation”.Chapter V discusses higher education governance relationship legalization.Based on defining higher education governance relationship legalization,it puts forward that higher education governance relationship legalization is not to legalize all the higher education governance relationships,but legalize higher education administrative relationships as well as important and stable higher education affirmative governance relationships;meanwhile,it also discusses the contents such as models and categories of legal relationships in higher education governance.In terms of categories of legal relationships in higher education governance,it focuses on the introduction of legal relationship in higher education administration,legal relationship in major administrative decisions for higher education,legal relationship in council decisions,legal relationship in contracts,legal relationship in investment and appropriation and legal relationship in government affairs service.Chapter VI analyzes higher education governance right & liability legalization.Based on defining higher education governance right & liability legalization,it puts forward the basic principles for higher education governance right & liability distribution,including equilibrium assignment principle,the principle of governance by separation of powers,the principle of inventory management(positive list and negative list);and on this basis,it distributes the rights and liabilities of government,colleges & universities and society.Chapter VII analyzes the legal regulations on disorder of higher education governance.It puts forward that in terms of process control,the following main procedures shall be established and improved: administrative legal procedure,legal procedure for participation in major administrative decisions for higher education,legal procedure for decision-making of council,bidding procedure and governance dispute resolution procedure;in terms of result control,we need to focus on the perfection of legal liability investigations for government's ultra vires and higher education quality guarantee responsibility.Chapter VIII analyzes the countermeasures for the legalization of our higher education governance,puts forward the proposal of embedding the implementation system,supervision system and security system of higher education governance legalization into its law and regulation systems,revising and formulating Higher Education Law,Higher School Law,Law on Intermediary Organizations of Higher Education,Management Methods about Higher Education Social Groups,Procedural Regulations about Important Administrative Decisions of Higher Education to form its legalization system,so as to ensure the smooth implementation of the legalization of higher education governance.