The Current Legal Difficulties In China's Independent Development Of The Institute And Its Crack

The Independent Colleges, which is public welfare, is an important part of the private higher education institutions. As a new thing appearing in the process of the reform and development of higher education, Independent Colleges play a key role in the popularization and deepening of higher education.Independent Colleges has its own characteristics and development background. Since 2003, the norms of Independent Colleges has made great achievements. Relevant policies and regulations change constantly, which reflects that the Government issues and adjusts the policies based on the practical situation. It also reflects the history, characteristics of the times, trends and future of the Independent Colleges.At present, Independent Colleges are faced with both historic opportunities and many problems. The low validity of the existed normative legal documents, the incomplete content of the regulations, the unclear legal status and property, and the inequality of the legal status have constrained the development of Independent Colleges. The solution lies in the policies and regulations. We need to speed up the legislative work, issue relevant laws and regulations with all speed, set a specific system of policies and regulations. We need to set a standard for the problems that may arise in the development of the Independent Colleges.To sustain its healthy development, we must improve the legal system, and effectively promote the legal status of Independent Colleges in order to assist it doing management in accordance with law. In the higher education system, Independent Colleges should have the same equal right of participation as the public colleges, and obtain more concern and support from the government and the society. We need to formulate relevant laws and regulations, and clearly define the relationship and legal responsibility among the applicant, partners and sponsors to ensure the college's basic principle and prospects. The legal status, property rights and financial system of Independent Colleges and how the investors get reasonable returns should be clearly designed. The appropriate management model and the sound property right system should be set up, the environment for the Independent Colleges should be improved, and the relations between the partners and the college, between the council and the college should be made clearly on the level of law. Relevant laws and regulations should come into being to protect the legitimate interests of the operators, sponsors, the college and the teachers and students. Meanwhile, some protective measures should be carried out to deal with the possible wrongs in the development of Independent Colleges.The integrity of laws and regulations is the fundamental to develop Independent Colleges. Aiming at the various legal problems in the development of Independent Colleges, learning form the mature experience of overseas education in advanced countries, the thesis puts forword some counter-measures, such as the legal system of Independent Colleges should be enhanced and improved, a specific law should be formulated, the local social security and the government financial support should be strengthened, the legal status and property of Independent Colleges should be clearly defined. These measures would help Independent Colleges walk out of the dilemma, promote and protect the healthy development of Indepent Colleges.Through analysing the revelant literature and theories and defining the concepts such as Independent Colleges and the property of the legal person, this thesis builds up their internal logical relations and forms an overall theoretical framework. Through the comparion of the policies and legislation dealing with private universites between advanced countries and China, this thesis summarizes the practice which is worth learning. Through doing field survey, designing the appropriate questionaire, visiting the managers, working stuff, and the students in the Independent Colleges, and collecting the first-hand information, the writer finds out the major problems existing in the development of the Independent Colleges which require solutions without delay. This theis combines the theoretical and empirical research, and upgrades the theoretical thinking in the research of the Independent Colleges.