| With The Guidance about respectively reform of governmentinstitutions issued by the Central Committee of the Communist Party ofChina and the State Council, our Country institutions’ Reform has threetargets. These are the ones undertook administrative function, engagedin public service, the production and business operation activities.Public Institutions of higher education have positioned themselves as thecategory-two public welfare institutions.This orientation has two questions. One is that it can’t makeblack-and-white judgment of the legal status of higher educationInstitutions within the framework of the existing legal system, and theother is that makes the identity of tutors from higher educationinstitutions more embarrassed.On the one hand, the tutors from Public higher education institutionscannot get the identity of civil servants through the respectively reform of government institutions; On the other hand, the existing system alsomakes the improvement of the status and identity of tutors from highereducation institutions more difficult.In the view of the Legal Relationship of institutions of highereducation and students, higher education legislation is incomplete, andthe administrative subject’s status of institutions of higher educationhas been partly confirmed in the currently judicatory practice area. Theeducation and management actions, which are made by Institutions of highereducation and significantly affected by students, are whether they havethe administrative suability, and actions which have the administrativesuability have been well handled. From the above we can come to conclusionthat the current higher education legislation has more problems.The thesis aims at the above-mentioned existent main problems, andlaunches a survey about Cognitive on the problems from the staff andstudents in Zhejiang Province, and tries to clarify the cognitive of theseproblems and find social origins and reasons behind of these problems.The thesis attempts to start with the main line of administrativesubject’s status on institutions of higher education, and puts forwardthe contention that is the public institutions of higher education havethe administrative main body status on the Administrative Law, and privateinstitutions of higher education should not have administrative subjectstatus, and tend to be contractual subjects. At the same time, thecorresponding solution and rationalization proposal are proposed by therespectively reform of government institutions, tutor identity andadministrative suability which are closely related to the legal statusof higher education institutionsIn detail, the thesis is divided into three chaptersChapter One Concept Definition and Literature Review1) To define the important concept of the research topic’the legal status of institutions of higher education’;2) To summarize and comment on the domestic and foreign researchachievements and practice of the topic’the legal status of institutionsof higher education’;3) To determine own research direction and research focus.Chapter Two Survey Design and Conclusion AnalysisTo give the necessary explanation to the survey sample selection,research steps, research tools and data processing methods.1) To survey on3points: the institutions of higher education legalstatus, institution reform and tutor identity, students’ rights andinterests protection;2) To form survey report;3) To come to the main conclusion, and analyze the main reasons ofthe existing problems.Chapter Three Solution and SuggestionConclusion:1)To enforce the administrative law better, and determine theadministrative subject’ s status of public institutions of highereducation;2) To accelerate the reform, and clear and definite that the tutorsin public institutions of higher education will get the identity of civilservants;3) To appropriately distinguish and make scientific definition of therange of the administrative action from public institutions of highereducation.The thesis puts forward feasible solutions and rationalizationproposal in three aspects of survey conclusion. |
