| Independent Institute was originated in the public College interior during 1993-1995 and a second-level institute managed by the people mechanism, taking advantage of 1999 College increased enrollment opportunity, started to form the scale and it was specially referred to the undergraduate level second-level institute held the ordianry undergraduate course university according to the new mechanism,the new pattern and the social strength cooperation by the Ministry of Education in the 8th document in 2003.It has made great progress after ten years practice. According to the education statistics in 2007, there were altogether 318 independent institutes and 1,866,000 enrolled students accounting for 53.4% of the total national higher education managed by the people, and the independent institute undergraduate course university had 1,657,000 enrolled students, accounting for 88.7% of the national undergraduate higher education managed by the people.Obviously, the independent institute already developed into our national higher education enterprise's important components.This paper tries carrying on the detailed analysis about independent institute from the legal angle, as we all know; administering education according to the law is an important character of the modern national education development and reform. In many developed countries, when higher education issues related to the fundamental interests of the country, they resorted to the law without one exception; the development was depending upon the law government strength all the time and the law has become the basic measure to guarantee, consolidate, promote and develope higher education. Without law, education has no guarantee. As an inalienable part of the national higher education, the independent institute is also certainly suitable this education rule. However, during the development, the indepentdent institute had the problems of the running direction, quality and internal management. For example, it is undefined in our national higher education system, many schools lack the characteristic and copy blindly, which causes its development prospects fuzzy. It has no defined legal status, the definition of property authority is not scientific, ownership and managerial authority is never really separated, property ownership is not clear, finally the board of directors'structure is unreasonable, the functions dislocate, the authority is offside and etc. For the reasons, in many kinds of factors, mainly it has no law to depend on, lacks the essential law guarantee, the explicit legal norm and the policy guidance, as well as the undefined independent institute's theory discussion and the special legislation. Therefore, if the independent institute want to play an important role to promotes our national higher education, it must consummate the related legal formulations, supplement the independent institute's chapters and provisions in the related laws and regulations, raise some mature policies to the legal stratification plane, make its related policy systematization, standardization, legalization.Having the backing of the law, in addition the market factors that provide` the motivation and opportunities,the independent institute will highlight its strong competitiveness and vitality, its development space will be wider and wider. This article has made the bold forecast on its prospect: First, use the US's Community college pattern for reference, make the independent institute be estabilished in the place, face the place, nourish the practical talents who can promote the local economy development.Second, grows into first-class Private University. The holoscopic world successful higher education, the private higher education organization occupied the half, we can forecast that the private higher education is irreversible in the 21st century development's general trend. Taking the advantage of this opportunity, on the basis of flexible teaching, the independent institutes are possible to develop into the First-class University. |
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