On The Ways To Realization Of Rule By Law In The Internal Management Of Chinese Colleges And Universities

With the establishment and perfection of socialism market economy system, social relations and management categories in the field of education have undergone great changes. In terms of higher education, many Chinese colleges and universities have faced many new conditions and new problems in the course of self-construction and development. Since the case that Tian Yong started a lawsuit against University of Science and Technology Beijing in 1998, more colleges and universities have been put into the defendant and legal disputes involving the management system in Chinese colleges and universities have showed a rising trend. On one hand, this reflects the social progress and the course of rule by law in China and also demonstrates that the consciousness of right and rule of law has been profoundly activated in the field of higher education management; on the other hand, this reflects the immaturity of China's rule by law and the problems in the management of colleges and universities to some extent. Besides this, it also reflects lack of standardized criterion in educational management and educational legal order. Based on the theories of pedagogy and law, this paper integrates the case study method, comparative analysis approach and literature analytical method to explore the ways to realization of rule by law in the Internal management of Chinese colleges and universities. Firstly, it summarizes the current situation of the realization of rule by law in the internal management of higher education in China. Then, it analyses some current problems in the internal management of Chinese colleges and universities and achievements and experiences from the internal management of the global tertiary colleges. From these analyses, it puts forward that: (1) the premise of the realization of rule by law in the internal management of Chinese colleges and universities is to carry on the legal improvement; (2) its foundation is to straighten legal relationships; (3) its key is to set up due process and legal remedy system. Lastly, from the legislative, executive and judicial perspectives, it discusses some potential ways to the realization of rule by law in internal management of Chinese colleges and universities with the expectation of providing a reference for more theoretical research and concrete practice in future.