Research On The Legal Status Of Presidents Under The Internal Governance Structure Of Public Universities In China

The study on the legal status of presidents under the internal governance structure of public universities in china is not only an important theoretical issue of educational law,but also a major practical problem to standardize the behavior of educational administrative departments,implement and expand the autonomy of running universities,clarify the ways of university legal remedies,and realize the administration of universities according to law.In recent years,with the establishment and gradual improvement of modern university systems such as the system of principal responsibility under the leadership of Party committees,the leadership of the Party committee and the responsibility of the president have become the main features of the university's internal management and decision-making,it reflects the interrelation between political power and administrative power in the internal governance structure of universities,and which are the two leading factors in the operation of modern university system.Under the new situation,Chinese universities are facing the important historical mission of national rejuvenation and cultural power.How to adapt to the requirements of world political,economic and cultural changes,improve the internal governance structure of the university corporation and optimize the internal governance process of universities,which have become major issues that both the government and universities must consider.As a public university,the development of universities is faced with the balance of internal power such as Party committee power,administrative power,academic power and supervision power,as well as the balance of external power such as government power and social pressure.In particular,the internal governance of university is facing the excessive interference and restriction of the state public power,which leads to the ambiguity of the legal status of the president and the confusion of the legal relationship between the president and various stakeholders in the internal governance process of the university.In the process of external governance,government intervention is still strong and the courts are entangled in the application of laws to university disputes.How to realize the common promotion and coordinated development of these legal subjects under the modern university system is a problem that must define in order to construct the modern university system.In the internal governance structure of Chinese universities,inner-party regulations and national laws are important institutional bases.However,they have contradictions and conflicts on the definition of university autonomy,the provisions of the university leadership system,the allocation of party committee rights and principals rights,the handling of relations between party committee secretaries and principals,and the appointment and removal of principals.In the internal governance structure of universities in developed countries such as Europe,America,and Japan,the legal status and power of university presidents are fully exercised through national laws and regulations,and the internal power of university governance is realized through university regulations.It is most different we make a comparison between these countries and China which is a socialist University and must adhere to the leadership of the party committee.This is not only a Chinese characteristic,but also an essential feature to ensure the development of our universities.To perfect the internal governance system of universities and establish the legal status of university presidents,the key is to clarify the rights and obligations of various interest subjects in the internal governance structure of universities,and the reasonable allocation of power in the educational legal system.The premise of running the university according to law is to adhere to the leadership of the party,with the emphasis on ensuring the legal status of the president and promoting the legitimacy and scientificity of the president's exercise of power according to law.The president is the leader of the administrative system of the university,who leads the administrative work of the university internally,and determines the operation efficiency of the management at the big subject level.The president represents the school at the open relations,it is the legal representative of the university and the main undertaker of the legal acts of the university.To perfect the system of internal governance in modern universities with Chinese characteristics,the key is to adhere to the fundamental system of principal responsibility system under the leadership of the Party committee.The Focus is to clarify and straighten out the internal governance structure of universities,to further establish the legal status of principals in legal form,and to ensure that principals perform their duties according to law and reasonably assume legal responsibilities.The legal relationship of universities is complicated.which is not only legal relations in the sense of public law,but also legal relations in the sense of private law,as well as legal relations with public and private laws.As a social organization authorized by law to exercise certain administrative powers and perform administrative functions,universities have obvious administrative and legal relations.The president is the chief administrative officer of the university and handles all kinds of legal relations,including administrative legal relations,on behalf of the university.The president is the legal representative of the university and exercises civil rights on behalf of the university.The President's Office,as a legal entity of a university,is the main carrier for presidents to implement and expand their autonomy in running schools.The legal status of the president in the internal governance structure of the university determines the degree of authorization of the national law to the university and the operation of the internal power system of the university.Principals acquire rights,exercise power,and perform the duties of legal representative according to the law.The university president's status is multiple in the university,but the most important is the legal status of the legal representative.Because of this legal status that the principal can highlight his important role in civil law,administrative law,and other national laws and regulations within the party,and he is also qualified to represent the university in handling various legal relations.In the process of university internal governance,we must give full play to the dual roles of state law and inner-party regulations,improve the internal governance structure of universities and optimize the governance process in terms of the principle of separation of powers,democratic supervision,improvement of internal rules,and realization of rights and remedies.We will establish a supervision and control mechanism and a safeguard mechanism that are compatible with the president's legal status,so as to further strengthen the degree,ability and level of governance of universities,effectively raise the level of the rule of law in higher education,and ensure that university presidents under the leadership of the Party committees in the new era exercise their statutory functions and powers in accordance with the law.Fulfill legal obligation,put forward preliminary idea and ideal plan for constructing modern university system.