The Legal System Of Public Colleges And Universities For Research

With the target of our country's economic system reform is identified as system of socialist market economy, the social relations to higher education has undergone great changes. Various defects and unfitness appear obviously in the management system of higher education, which is much more prominent from the deficiency of the legislation to the management day by day.The planned economy had been executed from founding of the new China until the end of "Cultural Revolution". To adapt this, the higher school had formed a public-established, public-managed, and highly centralized management mode. Higher school is the executive organ, alike the government decision making department. The Central Committee of Communist Party of China formulated "on Reform of education decision" in1985, which put forward one of the drawbacks of higher education management system explicitly. That is "In respect of education management, the relevant government departments is too strict with the high school management, so that it makes schools lack of academic vitality; meanwhile are not strict with other parts that should be"."Autonomy of running a university" was first presented in this resolution. Since then, the reform of higher education had developed into a new stage,"China education reform and development compendium" point out clearly " The relationship between the government and higher institutions, in accordance with principle of politics apart from management, the rights and corresponding obligations of higher schools should be defined through legislation, so that colleges and universities in modern society become truly independent school legal entity; the school should be able to exercise their authority, to assume the responsibility, and establish self-development, self-restraint mechanism to adapt to the needs of economic construction and social development". Therefore, the mechanism of the self-orientation, self-manipulation, self-development and self-discipline of higher colleges and universities has started to adapt to the economic construction and social development.It is of great significance that to clear the legal status of higher education, perfect its legal system, adjust the relationships among the higher educational institutions, the government, and social organizations, to create a system model which ensures the interaction among the government, higher education and society; construct a reasonable legal right for higher school, expand the sovereignty of higher colleges and universities, and so on, in the process of the development of the socialist market economy system.This article attempts to analyze the connotation of higher school legal person system and the process of higher school legal person system identifications, by way of cases of higher schools in judicial proceedings, points out the special legal nature of the public higher education institutions, and analyses the history of legal system of colleges and universities development; Secondly, in respect of cases, law and policies, analyzing the legal status of higher colleges and universities and the structure of legal governance. This part is the key point to the article. To make colleges and universities become an independent legal person oriented society, improve school running autonomy, and realize a "government-University-society" relationship of balance and harmony ultimately.