Research On The Legal Status Of Universities In China From The Perspective Of Administrative Law

In recent years, students, teachers, university prosecution of cases occur frequently, different courts around the admissibility criteria for such cases is different, and the results of a similar trial of cases are also different, so that these seriously affect the authority of the trial court, the rights of students and teachers are challenged, right of appeal can not be guaranteed, whether universities can participate as an administrative litigation administrative proceedings the defendant became controversial issue. To meet the development of the socialist market economic system, China’s higher education system has also ushered in a series of reforms,"the CPC Central Committee decision on education reform" enacted in1985,"China Education Reform and Development Program in1993enacted "until2010promulgated the" National long-term Education Reform and Development Plan (2010-2020)", have repeatedly stressed that the government decentralization, expansion of school autonomy universities, colleges and universities become so socially oriented school of truly independent legal entity. However, the influence of deep-rooted traditional administrative system, the education system is not complete, the university as a public institution does not get rid of the administrative control of the government, lack of independence and autonomy. Academic power is replaced by the executive power, contrary to the law of higher education teaching, the impact of the university to provide the quality and efficiency of education, training and development of the shackles of the senior personnel. Universities strongly appealed to the government to reduce administrative intervention, expansion of school autonomy, achieve academic autonomy and academic freedom. Ultimately, these problems are due to a lack of scientific and reasonable legal status of universities, especially public law status, and therefore, under the Administrative Law legal status of university research has important significance.The legal status of universities has evolved from the national subsidiary organs of the legal institutions. When university as a national appendages, the government plans to control everything through transaction management colleges, universities and other administrative organizations, the implementation of a top-down hierarchical management, the formation of the relationship between subordinates and superiors within the administrative system between the government and, resulting in a lack of university autonomy, no independent legal status. After entering the market until economic times, with the reform of the political and economic system, the education system has also ushered in a series of reforms, university legal issues before they get attention. At present, China’s colleges and universities were given the legal status of legal institutions, but due to the presence of positioning itself vague and institutions, public institutions, regardless of enterprise, regardless of the issues and events, plus the positioning of legal institutions is based on the civil law relations are concerned, leading to lack of public law status of universities, colleges of cases involving lack of judicial relief, is not conducive to safeguarding the legitimate interests of the right to education of students and teachers.Public corporation covers the basic elements of colleges and universities, can overcome the shortcomings of legal institutions, and helps to explain its use of multiple legal relationship between those universities, a comprehensive understanding of the legal status of our colleges and universities, reform of government management and supervision system, to provide comprehensive judicial protection a beneficial exploration. Accurately define the legal status of our universities, our colleges and universities must analyze the rights, obligations, and to rationalize the multiple legal relationship between universities and other subjects. France introduced the concept of public service corporation, has a practical and theoretical significance:Positioning public corporation can explain the multiple legal relations universities, colleges regulate the relationship between rights and responsibilities, to provide comprehensive judicial relief. University as a public body, asked the Government to change the oversight and management of universities, colleges and universities from making administrative intervention to achieve the independence and autonomy of universities.The introduction of the concept of public service corporation, we must improve our administrative body theory. First of all, the right to change the emphasis on national administrative traditions, strengthening administrative decentralization, the transition from the traditional to the state administration of social administration. Secondly, the administrative body is not the same defendants in administrative proceedings. Administrative proceedings the defendant is often not true administrative body, administrative entity subject of rights and the rights of the main administrative proceedings often inconsistent phenomenon, which is cheaper for the results of litigation, the defendant can make a statutory may arise can not be determined or identified difficult problem. Finally, to protect the independence and equality between the administrative body. The exercise of duties between the administrative body should be independent of each other, equality, the relationship between the body and is not a leader to lead, manage and be managed on a superior-subordinate relationship, but by legal regulation and constraints, to fully protect the interests and power of the executive body independent exercise. As the official legal distinction between civil law countries in public and private law on the basis of legal classification, so we have to learn from foreign advanced legal system, to build public and private law legal division based classification system, follow the rules of legal development to meet political and economic development needs of the community, the realization of China’s legal system in line with the international community to promote the progress of legal technology.