On The Autonomy Behavior Of The Public Institutions From The Perspective Of Legal-person Governance

Self-development of university is closely connected with the stakeholder supporters. University, professional academic organization, contains two main interests-related connecters, professor groups and student groups. In the process of practicing right of university, university is, outside interrupted by administrative power from government and inside balanced by professor power and student power, thus forming the Stability of three powers:administrative power, professor power and student power.Self-development of university is to accomplish the functions of university better. The autonomous right of university is the power guarantee of its self-development. And the autonomous right is the bond between realizing university power and acquiring university right. The limitation of university power is not only the effective way to balance the university power system but also necessary to construct the modern university system to realize the educational democracy and legal system. Nowadays, the concept of autonomous power of university is vague, resulting interests conflicts among different power parts. Firstly, the relationship between university and government directly influences the realization of autonomous power and university goals. Secondly, considering the inner management of university, there exist conflicts between identity overlap and power-seek-rent during wielding the professor power and student power. Finally, improving the students’influence is also the important way to balance the power in the university.The basic principle of university power limitation is:action is bond, system is key, regulation makes standard and balance paves market. Besides owning general legal right and obligation, university has legal personality as well as special right and obligation stipulated by education laws. As nonprofit-making enterprise, the goal of university is the national education goal. And the autonomous right is the extend of the national educational management right. Advanced education legalization not only demands to manage education by law but school by law. Memorandum is the so-called "constitution" of university’s self-management, which regulates exestuation of power of related interests-relaters from a microcosmic aspect, classifying the power to stop the overlap of power to reach the standard level. The acquisition of power is to control more resources; The limited intervention of market program is not only a challenge for government’s control but also a chance for government to change from a practiser to controller to optimize allocation of education resources.Through summarizing the management towards university at home and abroad, I make the suggestions about the regulation of public schools’power behaviors, based on the three main lines:system construction, memorandum control and co-management of related interests relaters, hoping to offer little help to university management.