A Study On The Legal Status Of Public Higher Education Organization

The legal status of public higher education organization is the prerequisite and basis for research into the higher education system. The Chinese "Higher Education Act" clearly stipulates: the main public higher education organizations have the corporate civil legal status. And the "Higher Education Act" shows not only the range of the "self-management" of the public higher education organizations, but also shows the relationship between the higher education organizations and the government departments. The relationship between the students and the higher education organizations, China has regarded it as the interpretation of "internal administrative legal relationship". With the development of the higher education organizations in recent years, the frequent cases of the education right happened. The traditional theory about the orientation of the higher education organizations is questioned. This paper argues that in the current laws and regulations for public higher education organizations, the corresponding legal status provides not enough. So there's no way to figure out the legal dispute between the higher education organizations and others, the higher education organizations and the government or them and the students, from the theory and practice. Therefore, this paper firstly researches in the legal status change of the China's public higher education organizations and the legal status of a few foreign countries about it. Then combining with our countries situation, this paper bring forwards that the current laws should show clearly the property of "public corporation" of the public higher education organizations. And we should define in the laws very definitely that we should relieve them from difficulty by the method of judicial relief when there's any dispute of management of the students which happened between the students and the organizations. The purpose of this paper is to change this situation, which is the illogicality way to resolve the difficulty that we mainly rely on litigate but resolve it by appeal in the theory, and to provide appropriate recommendations to promote the socialist legal education. In the course of the work, the author uses the methods of the literature research, case studies, historical analysis and comparative studies. And this paper is divided into four parts. The first part is about the change of the legal status of higher education organizations; the second part is to discuss about the current China's status ;the third part analyze the legal status of public higher education organizations with comparative vision; the last part is to discuss about the current China's status, and to provide bold ideas about the legal status of public higher education organization in the existing laws.