A Study Of The University Constitution From The Perspective Of "Managing The School By Law"

"Outline of National Medium-and Long-Term Program for Education Reform and Development(2010-2020)" clearly put forward the task of building an institution of modern university. As a part of the institution, the construction of the university Charter is the main content and an important way to improve the university management system and construct the institution of modern university in the perspective of "ruling of law".This article carries out the research on construction of the university Charter in China from the perspective of "ruling of law". In accordance with finding, analyzing and solving the problem, this paper works hard for providing suggestions to promote the construction of the university Charter by using the methods of literature, text analysis and comparative study. The paper is divided into the following four parts:First of all, this paper describes the basis of choosing the topic, research ideas and methods, as well as the domestic and foreign literature review in the introduction.Secondly, starting from the connotation of the university Charter, the paper forms the definition of the Charter based on the analysis of our country scholar viewpoint, then make a thorough legal analysis of the Charter from the point of legal status, legal value and legal meaning of the Charter. This paper demonstrates the importance of the construction of the university Charter in the construction of the institution.Thirdly, the article analyzes on the problems existing in the construction of the university Charter in our country at present stage, such as the Charter’s legal effect is not clear, the Charter does not clarify in the internal and external legal relations, the lack of procedural provisions and oversight mechanisms, the lack of school characteristics in text, and so on.Finally, the based on the above analysis, the article puts forward the related suggestions to improve the construction of the university Charter in China, by strengthening the Charter’s legal effect, improving the school leader’s thinking of the "ruling of law", improving the rules of legislation, change and implementation procedures, strengthening the supervision of the implementation, really and effectively to promote our institution of the modern university.