The Comparative Study On University Bylaws Between China And America

As a carrier of modern university system, university bylaw is gaining more and more attentions, and becoming a hotspot of education research, in accordance with the development of designing modern university system. Meanwhile, the establishment and application of university bylaw help to solve a series of problems, such as the autonomy of running a university, the relationship between the government and the universities, and the sharing authorities within universities. It is obvious that university bylaw is an issue that cannot be put aside. How to establish a university bylaw? What can be included in it? What can we learn from the bylaws of US universities? These are what this thesis talks about.This thesis is based on the comparisons of university bylaws between China and USA. The main research methods are comparative study and literature research, historical research and case study are also applied. First of all, this thesis makes an introduction of the history of the development of university bylaws in China and USA, which are followed by the experience and lessons that are summed up. Then, according to the structure of the university bylaw, three universities of each countries are selected as typical cases to make analysis from the perspective of legal foundation, establishing mechanism and content of the bylaw, and a summarization of the advantages of US university bylaws and disadvantages of Chinese university bylaws are formed. Lastly, suggestions to establish the university bylaw are made to pave the road to adopt the excellent practice of US university bylaws.This thesis is divided into five parts, besides a preface and a epilogue:The first part is the comparison of the history of university bylaws in China and USA. It tries to gain experience and lessons from the perspective of history.The second part is the comparison of the legal foundation of university bylaws in China and US. An analysis of university bylaw of these two countries is made to find the differences towards legal nature and legal status.The third part is the comparison of the establishing mechanism of university bylaw in China and US. It states from the perspective of subject, basis and procedure to make summarization of advantages and disadvantages.The fourth part is the comparison of the content. It states the content of university bylaws and its characteristic. The disadvantages of Chinese university bylaw are to be found comparing with USA.The last part is conclusion and inspiration. Based on the analysis of the previous four parts, three conclusions are formed. And this thesis provides suggestions applicable for China from the perspective of legal foundation, establishing mechanism and the content of the bylaw.