The Study On Beneficial Administrative Acts In Higher Education Field

Modern governments need to build up new governing philosophies such as democracy, rule of law, service and so forth. In a new historical era, it is primarily essential to speed up the transformation of governmental functions from dominating control with power to service. Beneficial administrative acts, as favorable to the counterparts in an administrative act, are now presenting more and more social and legal values in modern administration. There is a large quantity of beneficial administrative acts with various nature in the field of higher education. Over the past a few years, certain issues emerging from beneficial administrative acts in higher education field wait to be tackled which include improper legislation, absence of law, confusing use of concepts, narrow sphere of application, incomplete procedure, etc. Beneficial administrative acts in higher education field are involving many crossing fields such as education, higher education and administrative laws and others. The systematic study of beneficial administrative acts in higher education field is not only helpful to enrich the theoretical study of acts of governments in higher education field, but also significant in guiding the building of legal system related to higher education. This paper will summarize the main types of different beneficial administrative acts in higher education field, preliminarily analyze the status quo of various beneficial administrative acts in higher education field from an administrative law angel as well as raising several methods and recommendations to perfect beneficial administrative acts in higher education filed while addressing the existing problems at the same time, for the purpose of achieving rule of law in education and self-governing colleges.This paper consists of four (4) parts detailed as follows:The first part analyzes beneficial administrative acts in higher education filed through a study of its legal theories. First of all, the author fixes the definition of beneficial administrative acts in higher education filed and summarizes its basic characteristics. Secondly, the author outlines five beneficial administrative acts in higher education filed as they are respectively administrative licensing, administrative presentation, administration awarding, administrative instructions and administrative contracts in higher education field, In the end, the author analyzes the composition of beneficial administrative acts in higher education filed.The second part focuses on introducing those several beneficial administrative acts in higher education filed as indicated earlier. As it would be meaningless to spend too much ink in analyzing the nature of administrative licensing acts in higher education field on which a load of studies have been pointing at among scholars, this part will primarily illustrate the other four types of beneficial administrative acts, trying to explore the uninhabited deserts in this perspective never visited by scholars through analysis, so as to enrich and complete types of beneficial administrative acts in higher education field.The third part sums up the problems in beneficial administrative acts in higher education field in China. These problems boil down to lack of imprecision, rationale and science in construction of systems, which will include those in relation with system construction philosophy, its coverage and content.The fourth part will put forward some recommendations on how to perfect rule of law in beneficial administrative acts in higher education field by pointing out the way to perfection requires a set of precise, reasonable, scientific and highly-efficient system. As such, regulation and control over beneficial administrative acts in higher education field and the rule of law in higher education field can be concreted and pushed forward, therefore achieving law-governing education and promoting fair education. The author then continues to highlight how to regulate beneficial administrative acts in higher education field in scientific and systematic manner through perfecting systems, clarifying the responsible body, amending present laws, completing procedural requirements and legal supervising system as well as multiplying judicial remedies.