Research On Protection Mechanism Of Autonomous Right Of University In China In The Perspective Of The Education Law

In recent years, with the reform of the higher education system, university autonomy has gradually become the object of study of the theoretical circles, is the focus of the field of higher education reform. Because both the field of higher education also involves the Law of the theoretical knowledge, more education and law experts pay attention of scholars. Brief provisions in China’s laws and regulations, the right to independent colleges and universities sponsoring activities, and provides for separate legal personality of the colleges and universities in civil activities, these provisions of great significance for promoting the implementation of university autonomy and improvement. However, analysis of the status of implementation of the autonomy of the university still suffers from excessive government intervention in the educational activities of universities, university autonomy has not been realized, how to ensure the smooth implementation of the university autonomy has become need us to think about the issue, but also the object of this paper.The focus of this paper, the concept of university autonomy that university autonomy to universities in accordance with the laws and policies, combined with its own targeting and educational characteristics in accordance with the laws of education and teaching, academic freedom as the core content carried out their own decisions, independent execution and the power of self-supervision. Secondly, the use of empirical analysis on the implementation process of the university autonomy problems and their causes are analyzed. View of the implementation of university autonomy in China also faces many problems and obstacles, combined with China’s specific national conditions, trying to build our university autonomy protection mechanism from the perspective of the Education Law, which includes the countermeasures of the following four aspects:First, we must clearly define the school government relations, to determine the subject qualification of university independent school; Secondly, university autonomy written into the Constitution, so that access to constitutionally protected; Third, clear colleges and universities in the independent school in the rights, obligations and responsibilities, colleges and universities in the independent school activities in accordance with the law, the courage to play; Forth, university autonomy is necessary to improve the supervision mechanism.How to protect the autonomy of our institutions of higher learning is a systematic and complex project, and covered a wide range and is not easy. This article is only a superficial exploration; expect the use of effective management mechanisms and measures to continuously improve the autonomy of our universities and to guarantee its smooth implementation. Chinese colleges and universities mentioned in this article refer only to public colleges and universities.