The Research Of University Statute As Soft Law

In modern society, with the decline of national governance, the country towardspublic governance which emphasizes open public management and extensive publicparticipation. New public governance focuses on democracy, the rule of law, justice,equality and people-oriented, which advocating more negotiation, less forced andmore freedom. The rise of public governance is therefore triggering the plight ofcollege management. Increasingly strong position of changing the traditional model ofuniversity management are calls with frequently university management failures andthe rights consciousness of democracy and the rule of law. Public universities arebecoming enjoying the social powers, becoming the subject of university governanceand becoming the backbone of college management system because of their specialstatus. University management model is going from management to governance, thusdeveloping and improving the university statute is the primary task.However, in the process of governance, the university statutes are not takenseriously, usefully and not recognized even chaos. Thus, scholars are beginning to paymore attention to the wide research on university statute. It is also the differentperceptions to nature of the university statute that lead the theories field and actualfield to the connotation, legal status, value, features, making subject, authority,procedures and content of university statue, showing a flourishing situation.Development of soft law theory, which at the heart of public governance, provides mea new perspective. Determining the nature of university statute will make depthresearch on university governance easily and will play an important role inacceleration of the pace of the modern university system.This article is divided into four parts, the first part starting from the backgroundof public governance, focusing on the university management problems which intraditional management mode, which leads to the change of university managementmode, from management to governance. And the governance cannot separate withrules, university governance based on university statute that makes university statutemore valuable. In the content of the basic concept of university statute, it introducesthe scholars have different understanding of the connotation of university statute, andputs forward their own opinions. And then, analyzed and expound the important value of university statute and current situation of Construction of the articles of associationof the public institutions of higher learning--found the problem.The second part basis of the foregoing analysis of the meaning of the universitystatute, to assess, analysis and carding the domestic scholars doctrine concerningabout the character of university statute, and from research and analysis the theory ofsoft law, to get the integrating point of university statute and soft law in four corelevel, and qualitative university statute to soft law—analysis the problem.The third part is based on the first two parts of found problem and analysisproblem to further solve the problem. Based on empirical analysis and comparativestudy to put forward to the way of structure of public university statute, which is thesystematic structural path of one purpose, the dual interaction and trinity. From thetarget, pattern, source、 process and supervision protest three levels to tentativeexploration systemic structure of university statute.The forth part as the summary, carding the research idea of this article, and lookinto the distance the structure of university statute. I Hope through manage soft law ofuniversity statute, to get attention and get the real function of the importance ofuniversity statute, all aspects of university governance will also be included in thetrack, which greatly expanded the horizons of university governance research, enrichthe connotation of university governance, promote the real achievement of governingthe university by law and protection of rights and interests in the legal system.