A Research On Corporation System Reform Of Public Universities And Colleges In China

It is a unique academic thesis to construct the modern university system in China.It will be an enduring research issue in higher education.The core proposition of constructing the modern university system is to construct the modern university corporation system.It is impossible to establish a good relationship between universities with government if there is not a sound university corporation system.Administrativization,high cost and internal friction in universities are spreading.The key is that the relationship between universities and government is not smooth enough.The problem is particularly pronounced in public universities.In this sense,the primary goal of public universities corporation system reform in China is to disposal the relationship between universities with government;the fundamental purpose is to protect the academic organizations;the ultimate goal is to build the world-class university.Tracing the history of higher education in the world,it is not hard to find:the development history of university is the evolution history of university corporation system.In particular,the development history of university corporation system in the world has experienced classical,early-modern and lately-modern university corporation system.The basic identity of classical university corporation system is scholar guild.The fundamental characteristic of early-modern university corporation system is national reason.The control lever of lately-modern university corporation system is market mechanism.The historical change and succession is not a subversion of shift,but an institutional change with inheritance.Classical university corporation system was the earliest to recognize and protect the university's personality,and in the form of charter to support for the university autonomy.Rrising of the nation-state,early-modern university corporation system was led to a historical stage and the state became a“night watch”for university autonomy.The market has shown unprecedented strength in lately-modern university corporate systems,playing the role of regulator between universities and governments.This is the basic evolution context of the university corporate system in the world.The general principle of the civil law that has been more than 30 years since 1986 is the begining of corporation system in our country.The higher education law that has been nearly 20 years since 1998 is the begining of university corporation system in our country.But the understanding and practice for corporation system and university corporation system is in a groping stage in our country at present.Historically,the development stages of public university corporation system include“no statusas corporation",“Institution as Corporation”and“Institution of Public ? as Corporation”in China.Therefore,the historical imprint in different periods has deeply engraved in the public university corporation system in China.The particularities of public university corporation system are concentrated on the following aspects:firstly,the single corporation status,namely“Institution as Corporation”can't meet the legal requirements of different public universities;Secondly,the incomplete corporation attribute,namely the public universities are facing the reality of“the private more than and public”in our country;Thirdly,the external corporation status,namely the public university corporation status without the endogenous quality at present is the legal product of streamline administration and institute decentralization in the early 1980's in China.This leads to a no sound corporation system under the basic framework of "Institution as Corporation":the legal nature of secondary corporation,the state-guaranteed financial input mechanism,the power-centralized governance structure,the personnel system of institution establishment,the property system of tragedy of the commons,the state-dominant evaluation system and the dysfunctional supervision system.These problems have concentratedly exposed the fundamental issue that is how to adjust the relationship between universities and government.Through the revision of the higher education law in 2015,we find that the emerge from“administrative management”to“corporation governance"of government management for university,but the pace of reform of public university corporation system remains slow.Currently,the modern university corporation system has been relatively perfect in the world,which has positive significance for China.In terms of Civil Legal System,public university corporation types in German include“Dual Corporation”,“Public Association”and“public consortium”.The public university corporation type in French is“Special Public Corporation”.The national university corporation type in Japan is“Independent Administrative Corporation”.The public university corporation type in Taiwan of China is“Administrative Corporation”.Classified decentralization in German,layered decentralization in France and the administrative contract in the two countries are instructive for China.The process and differences of national university corporation system reform in Japan and Taiwan of China force us to remain cautious attitude in curtailing the fiscal investment,expanding the powers of the principal and promoting the marketization.In terms of Anglo-American Legal System,the public university corporation types in British include“Charter Corporation”,“Parliament Corporation”and“Company Corporate”.The public university corporation types in America include“National Institution",“Public Trust”and“Autonomous University on Constitution”.The design of diverse public university corporation types and the establishment of buffer institutions between universities and governments have implications for our country.We can construct the“Balance Lever Model”on the basis of the“Triangle Coordination Model",in order to measure the university autonomous status of different corporation types.Our country should selective absorb global experiences according to the actual situation in China.Corporation system reform of public university should profoundly think about reform idea,reform plan and specific design in our country.On the reform idea,China's public university corporation system reform should correctly understand and strive to exceed the Neo-liberalism and the New Nationalism.We should adhere to the tradition of Civil Legal System,absorbe the essence of Anglo-American Legal System.We should insist on the premise of political theory and the fundation of epistemology as education philosophy.On the reform plan,there are three alternatives of public university corporation system reform in our country.The first plan is the private corporation compromising reality,we should not adopt it.The second plan is the public corporation of the most vocal,which can be used as an optimization.The third plan is the special corporation of trying to mediate between the public corporation and the private corporation,which is full of the strong ideal color.We should not adopt the third plan.Therefore,our country should build a public university corporation system of relative completion,Chinese characteristics and efficient operation under the framework of public corporation.Through the complex jungle of public university corporation types in the world,our country's public universities can adopt four kinds of types such as“Special Official Organ Corporation",“Institution Corporation”,“Donating Corporation”and“Enterprise Non-profit Corporation”.This way of public universities corporation classification corresponds to the world experience,makes the bold and rational system innovation on the basis of China fact.The corporation rights enjoyed by these four universities are gradually increasing.Further,different kinds of public university corporation reflect the different legal nature,governance structure,input mechanism,personnel system,financial system,evaluation system and supervision mechanism.It not only breaks through the institutional drawbacks of“Institution Corporation",but also positively adjust“Institution Corporation”,and deeply promote the formation and development of diversified higher education struction which will lay the foundation for universal higher education in China.Therefore,we can combine the corporation system which is an ancient world proposition and modern university system construction which is a China issues full of value of the times.It is a positive attempt to create modern public university corporation system with Chinese characteristics.The attempt will release the immeasurable system energy,becoming the“Supply-side Structural Reform" of the most fundamental significance on the background of managing the university by law in China.