Procedures And Rules:Rule Of Law In Power Relations In Public Universities

Under the regulation of China's policy objectives of modernization and rule of law,public universities are incorporated into the grand narrative of national comprehensive governance and comprehensively deepening reform.The concept of "education administration and school management according to law " has been strengthened,and the theory and practice of university governance has entered into the legal context.As a complex and diverse power system,the structure and characteristics of power relations in public universities reflect the level of university governance system and its capacity.Promoting the modernization of public university governance must promote university governance under the rule of law.Its core is the "rule of governance" of university public domain,and its key is "procedure of governance".Only by this way can express the procedural justice,the harmony of university governance and the essence of freedom.In order to establish the logical starting point of the research,the second part of this paper clarifies and deconstructs the connotation,structure and properties of power relations in public universities from the multiple dimensions of power relations.The interaction between different levels of government,government and universities form the basic content of the external power relations of universities.Within the university,there are the multidimensional power relationships including “academic power-executive power-democratic power”,“decision-making power-executive power-supervisory power,” and “school authority – faculty authority”.They are related to each other,interact and influence each other.The degree of power control of education administrative department and the internal functional department of the school is different.So the structure of power relationship has personality differences.But in unification under the external management,the power relations embody the homogenous structure and complex and multi-dimensional characteristics.The third part and the fourth part analyze the legal basis and system logic of power relations in public universities,and try to construct the theoretical foundation of this research.The rule of law of university power relations has its own unique connotation essence,value certificate and procedural jurisprudence which includes the relationship between power and law,freedom and law,and the rights and obligations of relevant subjects in university organizations.To realize the rule of law in university not only need "hard law" path,also need "soft law" path.Meanwhile it is necessary to innovate the elements of the governance system and improve the legal force of the system innovation process and effect.The fifth and the sixth part of the thesis,respectively from the external and internal perspectives,construct the principle framework of the rule of power relations and the rule of procedure,and put forward roads to the rule of law of power relations in public universities.In view of the current imbalance of external power relations in public universities,the path of the rule of law lies in the rule of the law of inter-governmental decentralization,"list management" of government administration,strengthening the participation procedures of colleges and universities,improving higher education administrative decision-making supervision procedure,and improving the procedural requirements of the accountability system,so as to establish the public order of external governance of universities.At the internal level,there are three basic paths.First,we should establish the principle of common governance and division of labor for the legalization of the "academic-administrative-democratic" power relations,which involves dividing the boundary between academic power and administrative power reasonably,and pay attention to the construction of "strong coordination" mechanism;strengthening the academic power of individual scholars,and construct the "strong defensive" rule mechanism;promoting the academic organization to return to the academic nature of academic organization;and promoting the academic autonomy of the secondary institutions in order to guarantee the application of democratic and procedural participation in the exercise of academic power.Secondly,we should establish the principle of effectiveness orientation and degree of division of “decisionmaking-implementation-supervision "power relations,and construct internal logic of " goal-performance-procedural rules-power structure ".We should on the basis of the traditional single function standard increase power relations characteristics and autonomous power and autonomy ability of different university,as well as the nature of the affairs power facing etc..Only had such as multivariate comprehensive standards,we can timely and systematic response to university organizational management issues.Thirdly,we should establish the principle of bottom deposit and reasonable decentralization for the "school-college(department)" power relations.It involves in building competitive-oriented,demand-oriented,performance-oriented programming rules,establishing the object,the specific content and the time limit of school decentralization,so as to construct logic of the rule of law of decentralization and autonomy.In the seventh part,the paper puts forward the free purpose of the rule of law of university power relations,and expounds the relationship between university autonomy and academic freedom from t order and free value of the rule of law.The eighth part of the paper summarizes the research and puts forward some conclusions.