The Articles Of Association Of The University In Our Country Under The Rule Of Law Perspective Construction Research

With the further advancement of the process of the rule of law in China, the reform of higher education has become deepening. To promote university government by law, university running democratically and the establishment of modern university system is becoming an inevitable trend and objectives of reform of higher education. The relationship of universities affiliated to government in the past has changed gradually. The subjectivity of university as separate legal entity has been established. The construction of the university statutes is one of the important components of the legalization process of universities. It has important theoretical significance on the construction of modern university system and the promotion of construction of the rule of law of higher education, and it plays an important role in guiding with university government by law and the reform of internal structure in universities.In recent years, there are some progresses on the construction of university statutes with the joint efforts made by the administrative departments of education, universities and theoretical circles. Nearly30universities have established university statutes. However, there are also many problems in those university statutes. In order to implement the request of "National medium and long-term educational reform and development plan (2010-2020)", further improve the modern university system and regulate the construction of university statutes, the Ministry of Education has promulgated "Interim measures of construction on university statutes"(hereinafter referred to as "statutes construction measures"), which is the most perfect legal basis of establishing university statutes so far. However, there also exist a lot of defects at the same time.The paper is divided into four parts. The first part, beginning with the analysis of the characters and status of university, we try to explain the legal character, legal status and legal basis of university statutes. The second part, we will get inspiration from the historical development by describing the four stage of the development of university statutes in China. The third part, after describing the current situation and existing problems of the construction of university statutes in China, we further analyzed how to regulate the construction of university statutes through "statutes construction measures", and try to find out its defects and some solutions. The last part, based on "statutes construction measures", we try to put forward the thoughts of consummating the construction of university statutes.