The Research Of Nature And Legal Status Of University Statutes

The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China focus on the strategy of ruling the country by law. The construction of the socialist legal system with Chinese characteristics, and building a socialist country under the rule of law needs perfect legal system, strict supervision system under the rule of law, enhancing citizen’s legal sense etc.As the source of advanced ideas and the sacred place of cultivating talents, university should actively implement the strategy of ruling the country by law and operates according to university statute which includes legal relations between governments and university, rights and obligations of faculty members and students, internal governance structure as well as administration mode. Scientific and reasonable statute is the premise and foundation of realizing autonomous running rights.The concept of operating the university according to its statute has a long history. There are articles in Higher Educational Law stating that university statute is the premise of its foundation. National Medium and Long-term Education Reform and Development Planning (2010-2020) notes that perfecting modern university system needs to enhance the statute construction in accordance with relevant provisions of law. However, most of the universities, Tsinghua University and Perking University included, do not have its own statute. New regulation has been made by Ministry of Education in July,2011. It gives a complete specification of principles, contents, procedures and supervisions for drawing up a university statute.Scientific and reasonable understanding of university statute’s nature and legal status is very important. Currently, many universities has practice a lot in drawing up the statute. It is undeniable that there exist many problems in the process. Mature theories and practice of Western countries are helpful reference for the research of university statute’s nature and legal status. The paper focus on the research of nature and legal status of university statute and give a reference to the upcoming university statutes based on the analysis of existing university statutes and lessons from the former experience and practice.