| The government's administrative planning plays an important role in the development of higher education. It can help show the direction, clarify goals, and choose the path for future development. In China, because of the scarce higher education resources and the increasing fierce competition for talent, the government and relative departments should make a scientific and reasonable plan for the development of higher education on how to make full use of one's talent and what they have learnt and how to cultivate talents efficiently.In the area of higher education, there are a lot of administrative planning behaviors, but there also exist a lot of problems. The enforcement of administrative planning is limited. The planning-makers are complex. There are no relative rules for the planning. The enforcement of the content is ineffective and there is lack of legal provisions about planning procedures and judicial relief.In this special field of higher education, administrative planning, as an administrative act, needs to be guided onto the track of ruling-by-law. The government should make a scientific plan on the basis of the philosophy of the rule of law and legal procedures. In the background of law-based administration and constructing the society by law, improving the enforcement of law of higher education administrative planning is a viable path to solve many problems.This paper tries to analyze the administrative planning behavior in higher education by jurisprudence from the aspect of rule of low. From the law-based administration and the changing of government functions in the legal environment, it analyzes the problems in practice and in theory in the administrative planning behavior in higher education and proposes the rule of law is the inevitable trend. Taking examples from abroad and combining them with Chinese status quo, the write put forward some methods to perfect the rule of low in the administrative planning behavior in higher education. The writer argues that legal thought and ideas remain to be further developed and the set of the principles of being under the rule of the law, being harmonious, taking reality as one's starting point, being open and vertrauenschutz is the premise of putting the administration planning for higher education into the right track, while a strict legal process is the reassurance of a scientific and reasonable administration planning. The perfection of judicial remedy is the essential embodiment of improving the administration planning, which provides a way to supervise the rights of the planners and guarantees the related rights. |