Study On Issues Of Legal Guarantee To Administration By Law Of Higher Education

Administration by law is the trend and fundamental requirement of modern educational administration. How to standardize educational administration and enforce the law strictly as well as feed an incorruptible,efficient, educational administration team are of vital significance for the development of higher education and the improvement of national quality in our country. Administration by law means that the administrative departments must be entitled to exercise the administrative power by law which the administrative departments carry their duties and people make judgment on their activities according to. Administration by law reflects the historical transformation process of the society from the rule by man to the rule by law.This paper fully absorb the domestic and international theory on the basis of research results to policy, the text of the law and related research materials as the main case, the legal analysis method used, case analysis, and social survey methodology in accordance with study on Issues of Legal Guarantee to administration by law of higher Education. Article view discusses the problems of the administration by law in higher education such as the legislation lag of educational administration, the restraining mechanism deficiency for restraining administrative management power, the justness vacancy of management procedure, the blindness of judicial practice, the weakness of inner drive and so on. Then the writer puts forward the view that the triple forces of the rule by law should concern with administration management in higher education, namely claims to establish a multi-force governance pattern centering on the guarantee model of administration by law in higher education. Besides, the writer advocates integrating the "pushing and pulling" roles of education legislation system, enforcement system and judicial system, and realizing the balance and coordination of theses three forces, in order to effectively safeguard the administration by law in higher education management and promote the progress of law in higher education. Meanwhile, the writer hopes to change the situation of the lack of law awareness, find the unified conjunction of social development and higher education development, and realize the double benefits between the right protection of administration in higher education and the stability of higher education order.This paper emphasizes the theoretical study with intent to provide a certain theoretical learning for promoting the rule by law of administration management in higher education, reducing the law disputes in higher education and optimizing the management order of higher education administration.