Power Or Right--Jurisprudence Ponder On The University Autonomy

In the modern legal society, the development of education should take the democracy and legality as the guide.The College has been the core of the reformnation in our higher education, In the various of legal relation that formed take the college as the main body the property of university autonomy is the right or the the power, should be arouse more attention.The study of this paper will backdate this problem.This article can be divided into four parts as follow:First,university autonomy historical inspection. In the foundation of summarizing university autonomy that originated from European university city and Guilds autonomy in middle century,introduced the university autonomy's content including the judicial referee, the absolution payment of taxes and the military service, teacher's strike as well as migration. It also has proven the reason and the form of modern west university autonomy reformation,pointed out that the American University was the symbol of contemporary university autonomy. In the foundation that distinguished the conceptual difference between Western "the university autonomy" and "autonomy in running schools" in our nationthis study traced the history of university autonomy in our country,which pointed out that both endue the university with the status of legal person, respects its right that running school independently not be interposed in, and proposed that "utonomy in running schools",or Our country university autonomy.Second,Theoretical disputes in university autonomy. There always has been intense debates at the view of the university autonomy's nature in the domestic community of scholars. "Public Power Theory" thought the university occupyed the administrative dominant status. Divided into the Laws and Regulations Delegating Right Organization Theory and Public Function Legal Person; while Private Right Theory insist on when deal with the relation between college and teacher and student we should obey Civil Juristic Relation,it also hold it is private administration not public administration that the administration carried out by college.However Mixed Theory figure that university autonomy can be divided into public power and private right, another scholars advanced the third department power theory.Third,university autonomy scientific theory analysis. The right and the authority are relative basic category in law,both them have essential difference in the origin,the movement way,the substantive characteristics and the supervising mechanism. As to the present academia is fuzzier to know our country University autonomy natures,on the premise of ensuring and regulating our country university autonomy lies in: deconstruction our country University autonomy's defination from the standpoint of power and right.Fourth,Completed countermeasures in our country University autonomy. Performing right needs legal safeguard,as well as running the authority needs the restriction of power. In the end of this article make a suggestion on profecting our country university autonomy while analysised university autonomy's realistic difficult and its reason.