A Study On Some Legal Issues In The Development Of University Statutes

The charter of the University as a carrier of the modern university system, the principles of the University Law School and the Consul General of the norm, the University within the general binding. On charter schools to develop as early as1995issued by the Education Law of the People’s Republic of China "(hereinafter referred to as the" Education Law "enacted inl998. After "The Outline of National Education Reform and Development Plan (2010-2020)" was announced,"The State Council on the Development of National Education System Reform" was coming out as a consequence on October24,2010. It was determined that Peking University, Beijing Normal University and other24colleges and universities are to be pilot units, respectively. These24universities and colleges are responsible to push forward the work that universities in China should have to have their written university charters. Writing of university charter is now becoming an important task for every university in the mainland China. In recent years, although Chinese University Statutes has made many achievements, the construction and the development of Chinese universities statutes have some problems need to be improved. The establishment of the charter of the University as a university one of the most basic conditions, the highest authority in the system of university regulations, the basis and foundation of other rules and regulations of the school, how the provisions of the legal status of the relevant subjects in the field of higher education, how to clear the university and government content of rights and obligations? How to straighten out the legal relationship between the University and teachers, university students? The paper aims to introduce the origin and value of the charter of the University, includes a legal analysis of university regulation, includes a legal analysis of university regulation with regulations of Jilin University, Shanghai Jiao Tong University, China University of Political Science and Law, Beijing Normal University and He Fei University of Technology. Then give introduction of how to provide policy support to the composition of university regulation. The article is divided into four parts. It is discussed as follow:Part Ⅰ introduces the origin and value of the charter of the University. This part begins with a brief introduction of development history of university regulation both in China and in western countries. It is followed by the definition of university regulations, which includes an analysis of its value----justice, freedom and order. It concludes with an explanation of the active role the university regulation plays in university as well as outside university.Part Ⅱ includes a legal analysis of university regulation. Focusing on its legal character, legal role and legal principle of composing the contents of the regulations, this part analyzes the legal property and offers legal motivation of university regulation.Part Ⅲ introduces the problems in the process regulation making. On the basis of case studies and the textual analysis of some school regulations, the thesis points to the problems such as ambiguous legal status, defections in process making, vague definition of legal relations, lack of enforcement power. An in-depth analysis of reasons are provided thereafter.Part four includes an introduction of how to provide policy support to the composition of university regulation. The thesis, through in-depth analysis, describes four areas in which policy could be carried out to support the composition of university regulation:(1)elevation of its legal status (2)completing of its writing and revising process (3)clarification of its legal relations (4)perfection of its administration procedures.