Research On The Legal Status Of Independent Colleges In China

The independent colleges which are run by the cooperation of ordinary universities andthe social forces appeared in the late90’s of the last century. As new things of the reform ofhigher education, they have adapted to the trend of popularization of higher education andhave made the leap development with the good quality education resources and strong civiland social capital, and they have become one of the main forms of higher education in China.The independent colleges, for their own characteristics, are more flexible in running systemand have better quality education and management of resources. They have made greatersuccess with the government’s regulation and guidance and have greatly alleviated thecontradiction between supply and demand of the current higher education in China. At thesame time, there are also problems existing with the development. In particular, the unclearlegal status has become the main bottleneck to restrict the sustainable development of them.There is still certain arbitrariness existing in the management by government. Theintervention in the internal management is excessive. The standard of them are lack ofgovernment management. And the laws and regulations have not been established specificallyfor them yet. The existing laws and regulations are not perfect for the low efficiency, andthe maneuverability is not strong. The plurality of investment subjects caused thecomplicated relations. The rights and interests are not balanced and the hidden danger of legaldisputes is existing for the not perfect property right system and unclear property rightrelation. Also the legal relationships between the independent colleges and the teachers aswell as the students are not clear. The equal rights of the teachers and students are not perfectand the legitimate rights and interests of theirs are not guaranteed.For the sustainable and healthy development of independent colleges, they should insiston the standardization, managing the colleges according to the law, implementing the legalstatus and legal person property right and improving the legal status of the independentcolleges constantly. And we can’t study on the legal status only by analyzing their ownproblems, they should be placed in a certain legal relationship. And the legal status should beestablished by analyzing the rights and obligations with the related subjects in the legalrelation. This paper attempts to focus on the practical problems, put forward the countermeasures of improving the relationship of the parties and the parties legitimate rightsand interests, so as to construct the theoretical system.The whole paper consists of introduction, text and conclusion. The introduction mainlyintroduced the background, significance and research status at home and abroad, anddiscussed the main research methods and innovation. The article consists of five parts. Thefirst part discussed the independent institute background, characteristics, development course,interpretation of related concepts, the main differences compared with other highereducational forms and put forward the theoretical framework. The second part analyzed thelegal relation with the government by comparing with the public universities and privateuniversities and put forward the countermeasure to promote the healthy development Thethird part introduced the domestic and foreign higher schools’ typical investment mode andthe system of property rights, analyzed the legal relationship between the independentcolleges and the organizers, also the property right relations between them. Put forwardcountermeasures to clear them. The fourth part analyzed the legal relations between theindependent colleges and the teachers and put forward countermeasures to ensure thelegitimate rights and interests of the teachers in China. The fifth part analyzed the legalrelations between the independent colleges and the students by comparing with the traditionaluniversities. Put forward countermeasures to make the relations perfect. The conclusion partillustrated the key point again, introduced the limitations and shortcomings and put forwardprospect on the research work.