A Study On Legal Problems Of Higher Education Fees Charge

The reform of fees charging system in the higher education promotes the regulation of investment into higher education and thus guarantees the better and quicker development of higher education. When acknowledging the positive role of higher education fees charging, we should take account the increasingly prominent unfairness in the legally equal right of receiving higher education. To normalize higher education fees charging, this thesis conducts a systematic study on the nature, main body, standard and ways of fees charging system of higher education.The first part discusses the legal property of fees charging of higher education. Through reviewing the history and theories of higher education, the author adopts a qualitative study on fees charging of higher education and claims that fees charging of higher education is administrative in legal property. The second part studies the main body of fees charging of higher education. The author argues that the government prescribes fees of higher education. The third part discusses the fees charging standard of higher education. It starts from researching fees charging standards of higher education from actual function and operation dimensions. The author argues the legal criteria of fees charging standards of higher education are beneficiary principle, cost principle and capability principle. The forming mechanisms of fees charging standard are hearing mechanism and publicity mechanism. The four part studies fee charging ways. It introduces fee charging ways of various countries: (1) academic year fees charging and credit fees charging; (2) real time fees charging and fees charging over several periods (3) fees charging in advance and fees charging in delay; and (4) unified fees charging and differentiate fees charging, and analyses the inadequacy in the way of charging fees in our higher education. The author argues that multi-diversified fees charging reforms should be taken, flexible school system and work-study programme should be implemented through improving credit fees charging and strengthening fees charging over several periods, fees charging in delay in the forms of"green path", national grants and loans need to be developed and differentiate fees charging should be adopted varying from students'source, school type and level to specialty. Therefore, comprehensive and optional policies and mechanisms can be established, which will successfully prevent students from dropping out owing to the financial burden and realize the equal right of receiving higher education.