Government And Universities In The Context Of University Teaching Evaluation Study

In the late 1990s, with the rapid advancement of higher education massification, the quality of higher education gradually become hot, so effectively monitoring and controlling the quality certainly become the focus of national educational administrative departments, as their important administrative duties. The government intervenes in the universities' teaching and learning activities by evaluating, which indicates that the relationships between the government and universities have some subtle changes—the governments are no longer leading the universities by a traditional rigid way but more flexible way, in order to achieve the public good targets. However, due to China's higher education assessment is government-led, overemphasizing the government's administrative order, neglecting the autonomy of the higher institution as relative person of administration, in addition, the appraisal procedure lacking the surveillance, the appraisal main body being too unitary and so on, become highlighted, which make the teaching assessment becoming hot and the focus of the representatives of the Two Sessions' discussion.The relationship between the government and higher educational institutions is the key in the higher education system reform. It exits some sense of the game between the management and autonomy, the control and freedom. Actually, the societies pay much attention to the teaching assessment, which reflects the people's high expectations for higher education reform from one side. Therefore, this thesis chooses the legal relationship between government and higher education institution under the higher education evaluation in hope that further study the relations between the governments and higher education institutions from the educational law perspective. The thesis along "the connation of relationship between the government and universities—the nature of higher education evaluation—the problems caused by the government-led evaluation—the point of problems—reconstruction of the relationships", it has emphatically studied the connation of relationship, the distinctive quality of legal relationship, the barrier and crux of reconstruct the relationship, and finally discussed how to choose the path to reconstruct the relationship.After analyzing the history of legal relationship between our government and higher education institution, this thesis has studied French, English, Dutch and American relationships between governments and public universities in higher education evaluation, concluding that the relationship between various countries and universities is related with the system of the higher education, has the common tendency to changing, and the government is still "operating the rudder" in higher education evaluation and so on, in order to provide the valuable experience and the enlightenment for reconstructing the relationship in our country's massification of higher education in transition period after analyzing the present situation.Referring to the foreign authority assignment theories, unifying the Chinese condition, and utilizing "the balance theory", the author proposed the correctly strategic tentative plans dealing with the relationship. The government should do what should do in exercising educational administrative power, and participate in moderate ways. Based on the academic freedom and the university autonomous principle, there should be a reasonable gab between the government power and the university. The government should have the reasonable boundary in participating the universities' business, and be restricted in managing way similarly, "participating but not controlling". In order to balance the relationship, the government should act "the resources tenderer", "the decision maker", and "the quality guarantee". And in order to realize the universities' autonomous right, enhance the legislation, and implement the different surveillance and localization to the universities; formulate the relief system to the universities' right; and set up the educational evaluation intermediary organization to restructure the relationship in the higher educational evaluation.