A Preliminary Study Of Legislation About University Statute

University Statute is the fundamental institution of university.As the step of removing Administration and building up the governance structure speed up, university has more and more autonomy power. The govern meaning of university charter will be highlights in the new circumstances. The research object of this paper is the legislation about University Statute, Deep analysis on the historical origins and Development dilemma of University Statute, based this, I proposed the necessity and feasibility of legislation, and carry analysis of an argument from the perspective of education,history and the theory of law, in the aim of giving a brief account of framework and system of legislation.This study divided into six chapters:The first part,Ⅰcombed the original and development of university statute in the perspective of diachronic, this paper gave the research on university especially the statute spirit initiation and gave the relevant study of the fault and transplantation of Ancient Academy charter,this paper claims that Authentica Habita and the hand set is the effective approach to control the university for secular authorities and church,the spirits of it effect the Statute formulating of middle ages in Europe;in the other hand,we china also has our self Statute of the ancient academy, however,the Academy reform result in the fault and transplantation of ancient academy charter, and so,we learn from western countries tailgating JapanThe main content of second part is ontology analysis.we claim that the statute must have Reasonable sources of power and law, based this,I gave the example East China Normal University, and take analysis of it in multi-perspectives, such as school-running concept, the spirit of law, material conditions, except this, I also analysis the legal nature of University Statute, and furtherlly, we think that the university Statute has its nature of autonomy law.The third part based on the analysis of that what is the University Statute, and further put forward how is the statute. The main content of this part is Study on Present Situation, and found the problems of it,and point out the reasons.we claim that the low Legal Hierarchy is root cause of University Statute problem, it brings lacking and weak execution,for these reason, legislation becomes the Internal requirement.The forth part, undertake the previous paper discussion,this part analysis the possibility and reality. For the possibility, legislation is favorable to solve the Statute problems, and is favorable to carrying forward university spirit, Judging from the possibility, articles legislation may have theoretical and practical likelihood. For instance, theoretically, the legislation is the requirement of the public social maturity, which deepen the government's contractual governance. Practically, university charters in Hong Kong have great significance reference, while American university charters also have clear legal effect.In the fifth part, we mainly explores some important problems which are mentioned in the legislative process, one of the key problems is the main body of university charter legislations; Secondly, the procedure of the university charter; Thirdly, the local National People's Congress authority problems in the process of establishing university charter; In addition, based on the hypothesis of university charter, we further discuss how to establish and perfect university person's legal relief system in judicial process.