Probe On The Legitimacy Construction Of High Institutions' Regulations

The development of rules and regulations is the interior regulations based on schools' situations with the intention of implementing the laws, regulations and administrative rules effectively within the scopes of their management. It will make sure the specific operation of school and the implementation of internal rules.University regulations are not legal regulations, nor administrative regulations or local regulations, but granted general administrative documentaries based on laws and acts, which should be regarded as quasi-abstract administrative acts. This requires that the contents of regulations should not be clashed with state laws and regulations. Furthermore, the procedures established in the system must also be legitimate, lawful, and comprehensive system of unified, standardized scientific system.With the large number of legal disputes arising, school rules and regulations are facing serious challenges of the people's judicial court.At present, the main problems of Colleges regulations reflect in the missing statute, imperfect system, conflict with the laws, illegitimate norms, and unfair or standardized content in the form of making.According to current legislative situation of the Council of Higher Education in China and the existing problems in the construction of regulations, this paper analyses the nature of Colleges legal systems within their operating autonomy and legal rights, to demonstrate the series theoretical issues such as superior legal reservations, due process, rights-based obligations, legally management of schools.The article focuses on the analysis of the legality of regulatory protection. First, policy makers should keep a proper thought in the establishment of law concept and managing schools based on the law. Second, it is necessary to perfect the law system. The main solution to the question is reunification. The school is an independent corporate units, schools and faculties of various functional departments do not have an independent legal personality, beyond the power of making school rules and regulations. They should be formulated and issued in the name of schools, otherwise there would be no reunification of the main level, chaotic would appear in the practice. Third, it is also important to complete development system. The system construction must overcome arbitrariness, temporary problems, because system should be developed in accordance with the system, namely units must first be developed the standard of making systems; Programmatic, guidance system can not be missing. The charter of the University College is the most important principle of the system and, in particular, to develop a charter of the University to improve accountability and the right to relief content.Next are legal and reasonable contents. To make sure the legitimacy of laws and regulations reasonable; they should adhere to the principle of superior legal, legal principles and norms retain discretion of the principle of freedom. The next important concern is procedural legitimacy. Statutory procedures principle is "legislative law"; provisions in the legislation must abide by the principles in the formulation of rules and regulations; those in high schools are no exception. Colleges must develop rules and regulations to ensure that these procedures are open and access to democratic participation. The final point is the scientific form of norms with sound organizations.