The Research Of University Statutes Under The Perspective Of Rule Of Law

Statutes of the University as a self-regulation with clear legal characteristics, it is the university's "constitution". The great significance of are University Statutes on the managing universities in accordance with law or the implement autonomy of the university or the establishment a modern university system. Although in recent years, China University Statutes made many achievements, the construction and the development of Chinese universities Statutes are backwards, the lack of strong theoretical guidance, so The institution of the University Statutes have some problems need to perfect. This thesis of master is to study in our university statues theory of law, for our universities to develop legitimate and effective Statues to provide theoretical guidance.The Paper is divided into four parts. The first part, Introduction describes the research purpose, meaning and method. It analyzes the necessity to university statutes. Part two, follow the historical development of university statutes in a legal perspective, dialysis the details of the statute. From foreign universities charter to the birth and development of Chinese universities, although the formulation of university statutes in different, but they are ensure to self-management and managing universities in accordance with law of the university, constituted the total governance program in accordance with certain procedures and have some legal effect. Secondly, Legal analysis through university statutes, inquiry the legal nature of the statutes through three aspects:contractual, autonomy, public law. University statutes are "lower level law" of the state laws and regulations and the University's "constitution". Within the University, it has the highest authority and the force of law. The legal value of the University statutes is mainly reflected in three aspects:Fairness, Freedom and Order. Fair value ensure to the rights and interests of the each subject in universities, Liberal values ensure to universities have the freedom to decide its internal affairs and the other Rights (Authorities) of educational affairs, Order value is based on free value or fair value, it is embodied reasonable institutional arrangements under the idea of managing universities in accordance with law, such institutional arrangements designed to give a fair idea and promote the value of freedom, order to achieve the positive interaction and harmony in the internal university's management. This paper concludes that university regulations should follow the main legal principles:the principle of priority of law, the law retained the principle, the principle of proportionality and due process principles. The part three is based on the analysis to our current university statutes, elaborated defects in the rule of law on China's university statutes construction:the legal status of university regulations and the legal effect is not clear, the important rights and obligations in the Internal and external university is not clear, lack of procedural requirements in university regulations and implementation, university statutes missing the main idea of the rule of law. The part four is established the framework under the rule by law: a clear legal status of university regulations and legal effect, clearly defined rights and obligations in the internal and external university, the improvement of the development process and modify the articles of association procedures, embody the rule of law concept, highlighting the rule of law. The conclusion part of the main articles mainly illustrates the related aspects of research results and presents a future system construction of the statute of university.