The Research Of Higher Education Evaluation Behavior Of Government On The View Of Administrative Law

Higher Education Evaluation is not only an educational issue, but also a legal issue. Higher Education Evaluation of Government mainly refers to that the education administrative department make appropriate decisions according to the Assessment and evaluation result of education level, school conditions and education qualities of universities and other educational institutions under certain values standards. In Practice, the Higher Education Evaluation of government is not only related to some administrative actions such as the Educational Administrative guidance, the Educational Administrative Supervision,the Educational Administrative Award and the Educational Administration license, but also have some differences. Higher Education Evaluation of Government shall be a separate specific administrative action. The special nature of Higher Education Evaluation of Government make the existing theory of administrative law gradually appeared to be inadequate to it. In fact, it has been impacted the traditional theoretical framework of administrative actions.At present, the running of Higher Education Evaluation of Government has some problems. Such as the enforcement of evaluation, the multiple effectiveness and contents, the uniform evaluation criteria, the incomplete evaluation process, and the inadequate relief of relative rights based on evaluation and the lack of responsibility. this paper using the comparative research methods, conscientiously sum up the experience of foreign higher education evaluation and the lesson of our government action in higher education evaluation based on the analysis on the foreign patterns of higher education evaluation and the policy development of our government actions in higher education evaluation. Then this paper put forward some basic ideas on the regulation of government evaluation action:the principle of the guidelines, procedures construction, management discretion and judicial review.The principle of limited government guides the process of higher education evaluation of government. Higher Education in China lack the concept of due process, but open mechanism, participation mechanisms, consultative mechanisms and accountability mechanisms can ensure the legitimacy of evaluation process. Discretion is the core issue of higher education evaluation. Proper application of discretion to reduce the non-justice factors in the evaluation. Higher Education Evaluation of government as a specific administrative action, judicial review is not only a powerful monitoring and control mechanisms, but also effective protection mechanism on human rights of the private party in the evaluation.Start a statutory evaluation, the certainty of the content and the legit Imation of the effectiveness, focusing on evaluation program design, improve relief mechanism of evaluation behavior, held legal responsibility to the defects of evaluation behavior is the specific Regulation path of Government Higher Education Evaluation behavior.In this paper, the study of Government Higher Education behavior is only a preface of the study of the Administrative Evacuation. Administrative Evacuation in itself has more profound meaning, contents and rules. The development of this type of study maybe starts a discussion of Administrative Evacuation.