On The Legal Property Of Our Country’s University Charter

With the development of economic, science and technology, our country takes much count of the education. The twelfth "Five Years" Program Planning about education is to drawing university charter; forwarding the progress of Law School and establishing Modern University System; the basis of Law School is to formulating and perfecting university charter. In recent years, our scholars achieve great results about university charter, but there are also some problems because of weak theory and mature experiences; for example, the charter is short of universality, operability anti strong,undefined legal position weaken the legal force etc. These problems show that our charter is under research, especially in law field; and this phenomenon is bad for Law School and Modern University System’s building.The legal property in this text is generalized; it is included legal nature, legal status, legal effect and legal value. The study on legal property of charter is indispensible, thorough understanding of the legal nature is beneficial to drafting the proper reformation. This article is defined the constitution as a series of systems, which adjust internal activity of university; clear the legal nature and legal status; norm the relationship of stakeholder. This paper also includes the legal ground, the function and items of the charter. The university statues, which mainly states the name of school, leading system and source of funding, is rule of the high schools. The legal value that is justice, freedom and order is benefit to the analysis of charter legal property, in the same time, it reflects the legal nature. The author regarded the charter as the rule of public law by analyzing contract theory, autonomy theory and public law theory; the legal character determined the legal status, this means that charter is standard of college operation and constitutions of college, it also links the legal relationships between inside and outside. The legal effect refers to the internal members and it also represents legal nature of the charter. All these show that university statues has legal property, it affords legal theory to the charter’s drafting and implement,meanwhile,it is beneficial to the perfection of charter, the modern university’s building and the implement of law school.