A Study On Independent College Charter In China-from The Perspective Of Law

In the course of higher education modernization in our country, independent college, as a new a mode of running school, effectively enlarges higher education resource, make some bigger contribution to enhance the level of higher education massification. Along with independent college developing, many problems come forth gradually. Establishing modern university system, is the institutional assurance which it develops healthily and continually. Independent college charter is canonical documentation of the connecting link between the preceding that is national laws and regulations of education and the following that is bylaw and rules of school. It is creed and gist managing independent college according to law. In independent college ,the most legal effect thing is charter which is independent college' s "constitutionals" with the role to lead and to constrain other regulations. Therefore, constituting and improving independent college charter is an issue worth researching.Strictly speaking, though independent college charter is not a legal norm, it owns similar properties, characteristics and functions to legal norm. Therefore, it can be regarded as generic legal norm in this sense. From the perspective of law, This dissertation takes independent college charter as a formal system existence, and the research object, follows the route of theory and pactice banding together, in order to assure the independent college 's legal status ,to norm and bind the independent college' s acts through the form of laws and regulations, and to to ensure the independent colleges to serve for our social development.On the one hand, in theory the author probes into defining independent college charter, and its essential content, in order to construct the academic and methodology foundation to this study. Firstly, linking the conceptions of charter , university charter, and the like, according to Higher Education Law, the author defines the independent college charter, involved in its connotation, its characteristics , its properties , etc.. Subsequently, based on charter content of school artificial person and other organization artificial person in China, and charter content of school artificial person in foreign education law, the dissertation probes into independent college charter content, and bring forward the due mode of independent college charter content.On the other hand, turns angle of research view to status quo of independent college charter, systemically investigates some problems Chinese independent college charter existing at present, such as legal status not ambiguous, problems of in constituting its charter , problems of its content, ect. Aiming at these problems, integrating foregoing academic research, the author make suggestions to improve Chinese independent college charter, for example, we should enhance reorganization to independent college charter, Should norm and bind the independent college charter' constituting by legislation , should deal with responsibility relation to each right subjects, should reinforce charter content auditing and recession, and should enhance to execute and supervise charter, etc.The last one is the conclusion. Based on expatiation hereinbefore, in order to increase standardization and legal system of Chinese independent college, the dissertation farther puts forward that we should attach importance to constituting and carrying out independent college charter. What's more, we should intensify its academic research.