Research On Legal System Of Postgraduate Education In China

In modern legal society, the development of education should be democratic and law-oriented.In our country's higher education, a priority is given to the graduate education and training reform.University autonomy has been a hot topic in higher education. For graduate education, the highest level of higher education, universities should have higher autonomy. The right of receiving education as a fundamental constitutional right has been a hot topic in legal academia and the education circles and has been in study. Graduate education in our country is being faced with unprecedented challenges,and the standardization and normalization of graduate education has aroused the attention of education circles and legal circles.In our country's graduate education, the higher institutions have become the focus of reform, so being clear about the legal status of universities and colleges, about legal relationship between higher institutions and teachers and students, and about the legal status of college teachers and students is essentially important for reforming the administrative system of colleges and standardizing graduate education.With the deepening reform of higher education and the development of democratic legality, great changes have appeared in the social relations of graduate education.Insufficiency and deficiencies in graduate education legislation have become increasingly evident. Especially in the late 1990s, the fact that students accused colleges caused widespread and strong community concern.In recent years, research on the administrative law in higher education has made significant progress,which, from the published research achievements,mainly focuses on two basic questions.First is the legal status of universities.Based on the administrative cases in which college students or teachers accuse colleges, theses studies have a thorough discussion about the legal nature and the legal status of universities,the defendant eligibility for universities in administrative proceedings, the accusable nature for the right to education and other issues. Representative works include Ma Huaide's "Government Legal Person and Administrative Proceedings-On the Ways of Relief of Particular Power Relations";Cheng Yanlei's:"Legal Study of Drop-out Right-Legal Assessment On First Diploma Dispute Case Because of Student's Forced Quitting by College Decision",in "Law",April issue,2000;Ma Huaide's: "A Study On Government Legal Person",in "China Law",April issue, 2000;Zhan Zhongle and Li Fengying's "On the legal status of colleges and universities",in"Collected Essays on Administrative Law",Volume 4,Law Press,2001 Edition.Second is the judicial review and university autonomy. The administrative cases involving college students accusing colleges and universities contribute to judicial review of college management, and lead to the relationship and boundaries between judicial review and university autonomy. Representative works are:Cheng Yanlei's:" Limited Involvement of Judicial Review in University Autonomy", in "Administrative Law" March issue,2000;HE Haibo's:"Developing Laws through Cases-Comments on application of the administrative principles in Tian Yong Case",set" in"Collected Essays on Administrative Law",Volume 3,Law Press,2000 Edition.At present our research on the legal aspects of higher education focuses on:re-orientation of the university, re-examination of the legal relationship between the university and students, repeated analysis on the classic cases of students accusing universities and so on.In-depth analysis of the legal system of higher education systems is not adequate,especially that of graduate education is little.This paper aims at having a better understanding of the legal system of graduate education on the basis of previous research and putting forward some suggestions and views on some details.This article is divided into three parts,namely, introduction, body and conclusion. The body includes the following five parts.The first part is the study on the basic theory of the legal system of graduate education.The author introduces the concepts of education legal system and the legal system of graduate education and analyses the characteristics of the legal system of graduate education.The author illustrates the present state of legal status of institutions of higher learning, academic and administrative power of colleges,and makes a comprehensive analysis of the basic theory of our current legal system of graduate education.This part serves as the foundation for the following parts.The second part is the theoretical basis of the legal system of graduate education.Beginning from the theories of jurisprudence, constitution and administrative law, the author elaborates on the theoretical basis of the our legal system of graduate education. This part is the basis and logical starting point for discussing the legal system of graduate education in our country. The third part is about the experiences of the United States,Britain, France, and Japan.It is divided into two small parts:the first small part being study of higher education system in some foreign countries;the second small part being a brief analysis of the common characteristics of higher education system in developed countries,and the useful experiences helping improving our higher education system.The fourth part is the analysis of current basic situation of our legal system of graduate education.By introducing the current situation of rights belonging to the education authority, colleges,teachers, and students,the author points out the problems existing in our legal system of graduate education, which are inadequate government supervision, non-standardized college management non-uniformness of rights and duties of teachers, and obscurity of students'basic rights.The fifth part is the basic idea on improving the legal system of graduate education in our country, The author makes proposals on perfecting the legal system of graduate education in our country according to the problems mentioned above,which include improved legislation, improved administrative law enforcement and improved judicial protection.