A Research On The Consruction Of University Rules And Regulations

Along with the process of ruling country by law, universities are now confronting with more and more legal relations in both internal management and external partners, and legal disputes as well. This requires that colleges and universities should continuously improve the level of regulating universities by law. Rules and regulations are the premise and basis of regulating school by law. At present, more and more colleges and universities are putting emphasis on building legal construction of rules and regulations increasingly. But a large number of universities’ lawsuits occurring have indicated that the current legal construction problems of university still exist. This article is to analyze these problems and try to find ways to cope.The first part analyzes the legal status of colleges and universities in common law countries. It also elaborates the legal nature of colleges and universities in our country, and at the same time orientates their legal positions.The second part of this paper defines the concept of university rules and regulations and generally discusses the classification of university rules and regulations, legal attributes, basic characteristics, sources of legal effect. The content of legalization of university rules and regulations along with the sources of law is presented in this part. At last, it recalled the process of Chinese universities legalization construction.This third part analyzes the current construction status of university rules and regulations, pointing out the problems that the construction of university rules is facing. They are regulation deficiency, system defects, content flaws, improper establishment of procedures and non-standard forms.Based on the problems mentioned above, the fourth part posed the countermeasures of improving the legal construction of rules and regulations. First, establishing the concept of regulating the university by law; Second, general principles of following the formulated rules and regulations; Third, strengthening the legal review; Fourth, establishing and completing internal disputes relief system; Fifth, establishment of hearing system; Sixth, Perfecting the supervision system; Seventh, establishment of legal affairs agency.