A Research On The Power Restriction And Its Legal Mechanism Of Chinese University

The crux of power abuse of Chinese university is that the system of power allocation and operation is insufficient to meet the needs of reality.The structure of the system relies too much on power supervision,which affects the fairness and efficiency of university power,and thus deviates from its inherent purpose.Based on the theoretical investigation of the nature of university power,according to the theory of power operation and restriction,the paper proposes the mechanism of using power and right to restrict power to realize the standardization and purposefulness of university power.The legitimacy of power comes from right.The university power should aim at guaranteeing the sound development of the rights of academic community.Starting fro m the essence of university power,this paper attempts to draw an ideal prospect for the power restriction mechanism of Chinese university.University power should serve the autonomy of university,academic freedom,and aim at professors' academic management,student autonomy,and administrative assistance.The rights of all parties should be guaranteed.Specifically speaking,academic authority should be maintained to ensure that professors with rich professional knowledge independently use academic power;university students should be at the center,from the simple managed to the object whose rights are fully respected;the administrative power of university is an auxiliary force for serving academic production and innovation,and forms effective restriction with academic power.In order to realize the intrinsic purpose of university power,it is necessary to incorporate university power into the rule of law,to strictly respect the rights of all parties,to encourage teachers and students to actively protect their rights,and to rationally allocate internal and external power of university,so as to realize the effective restriction of university power.Perfecting relevant rules should be based on in-depth research on the actual situation.By investigating the real power structure and typical corruption cases,it can be seen that the legal norms of power in Chinese university have their historical evolutionary path,with obvious characteristics of state power construction.At present,the principal responsibility system under the leadership of the party committee is implemented.The appointment of university party committee and administration by superiors leads to the supervision logic to prevent abuse of power.Although the university influenced by the market,society and the judiciary,the external relationship between the university and the government is fundamental and affects the university internal power relationship.The functions and powers of party committee and principal should be the relationship between decision-making and execution,but there is no clear boundary between the two in reality.The powers of party committee and principal are in an absolute advantage,and the powers of ordinary teachers and students and the academic power that is in urgent need of standardization are relatively weak.Although it is highly homogenous with government institution and power,the essence of the academic community in university makes abuse of power have its own characteristics: the ethics of pursuing truth and bureaucracy intertwine;the researching of profound knowledge and the market operation coexist;infringings on property interests and students' personal interests exist together.The coexistence and intertwining of various factors enhance the difficulty and complexity of regulating university power.Under the background of China's social upheaval,loss of value,weak rules and "hidden rules",the power structure and operational dilemma have complex institutional roots,such as the absence of university autonomy,external dependence on the government,and the unity of internal power;the disordered structure and mixed type of power,combined with fragmentation of rules,unclear power and responsibility,lack of coordination and operability.After analyzing the due and reality of university power separately,it is natural to consider how to solve the realistic distance between the two.The general normative analysis is more universal and referential.It is necessary to proceed from the political and cultural reality of our country in order to construct a truly effective power restriction mechanism.The mechanism itself is realistic,innovative and compatible,and reflects the game process of all power subjects.It is a real and vivid rule in university.Within the university,it is necessary to rationally allocate power,guarantee academic freedom,standardize academic evaluation,establish an educational mechanism of humanistic criticism and an open and rational power operation mechanism.Externally,strengthening system construction promotes the legalization of power relations between the university and the government as well as within the university;guaranteeing university autonomy,promoting stakeholder participation in governance,and establishing an authoritative and efficient conflict resolution mechanism.