Study On The Legal Relationship Between Government And University

It is an unavoidable question to know about the legal relationship between government and university and it is also university as a principal party of legal person entering into market economy to face.The author compared some main and relative law of system of government and the university about the main developed countries in the world. And draw a conclusion: It's a tendency of education rule of law civilization to run the university on it's own and in accordance with law.Using the method of the history analysis, the reform of our educational system neglected the adjustment of the relationship between government and the university, at the same time, because of deep tyrannical consciousness. It's more urgent to emphasize to extend the decision-making power of the university.It's necessary to point out: after "Higher Education Law" issued. We have the law basis in educational practice. However, the result isn't obvious. The author thinks that the basic reason is that the role of the government's educational administration management and the proprietor is confusable.The author appeals to establish the system of the educational property right, to break the single structure of property right and to create good exterior environment for the establishment of the structure about the legal person management. Let the university when the education budget depending on it's own real strength .The government manages the education depending on law means. The author refers to establish an organization similar with " The Committee of Appropriation". Finally, at the precondition of clearing the property right, the right and duty of education corpus and regulating the related law and system, the author outlooks the state of itself about the relationship between government and university.