A Study On Establishment Of University Charters In China

The charter of the University is the carrier of the modern university system, the legal protection of university autonomy and academic freedom, the basic legal basis for processing the internal and external relationship and "Constitution" of university governance. The Central Committee of the Chinese Communist Party and the State Council issued the "National medium-and long-term Education Reform and Development Plan"(Be called for short as Plan)," Plan" put forward a clear the guidance of in the recommendations about the construction of the charter of the university:"all kinds of colleges and universities shall develop a charter school and in accordance with the provisions of the charter to manage university;"School shall have the charter and system which establish and improve compliance with the law, to reflect their own characteristics." Pointed out the direction for charters establishment. In order to improve the modern university system, construct world-class universities and improve the international competitiveness, universities start to focus on the construction of the university charters. To fulfill the development requirements of "Plan",The Ministry of Education issued the "Interim Measures for the articles of association of colleges and universities to develop" further promote the process of the development of universities charters.In this paper, the starting point and basis points is based on the text of charters, by analysis the text of charters of Anhui University, Jilin University, Guangdong University of Foreign Studies, understand the problems of charters establishment and propose how to solve? The specific framework of this article:by analysis the present charters establishment situation and three universities text analysis, propose the existing problems in the process of charters establishment, meanwhile learn the successful experience of establishing charters from universities at home and abroad, put forward specific proposals to solve these problems of charters establishment in China.The study traces the history and current situation of the development of university statutes in China, understand general characteristics of university charters and propose current problem and the solution of the problem of university statutes in China. By analysis the specific draft charter of Anhui University and two other university statues in china, propose the following aspect problems of university charters in China:first problem is short of the concept of rule of law in the process of establishing university statutes; The second is charters contents and forms of all universities which almost have the same form; third, there are problems to deal with the internal and external legal relations of university statutes.This paper analyzes the text of university statutes of the three universities, at the same time learn the successful experience of establishing university statutes from universities which at home and abroad and propose the suggestion to solve the problem of charters establishment. First, establish the concept of rule of law in charters establishment, recognize legal nature and legal status of charter, meanwhile enhance manager’s awareness of the law in the university management process. Second, improve the text of charters’structure and content. The structure and content of the charters should be specific, comprehensive and innovative, which need reflect the educational philosophy and promote school characteristics. Again, to sort out internal and external legal relationship, deal with the relationship between universities and the government, society; improve the internal management system, balance the powers between the academic and administrative relations, clear the rights and responsibilities between teachers and students. Finally, improve the charters establish procedures including the procedures of consideration, pass through, put on record and modify the program.