University Autonomy:Based On The United States Constitution Precedents

University autonomy is established by a series of judicial precedents in the United States. Thus, university autonomy is autonomous by the law in a way, and the formation of modern American university autonomy is linked with the legalization of higher education. The research effort has focused on the law, regulations and judicial relief of university autonomy in the United States from a comparative law aspect. From the external perspective, university autonomy relates to running universities autonomously and independently with the government and outside social terms; from the perspective of internal considerations, it is mainly about internal management of the university between the school, students and teachers.The primary content of university autonomy is to develop articles in line with relevant state laws and regulations that can correctly guide all school’s activities. University charter must have a clear legal basis, in addition to clearly define the relationship between universities and government laws, among society, but also specific and detailed rights division between school, teachers, and students, to ensure the harmonious relationship between internal and external management.Principals should respect scholars’ rights and keep the university management and administrative power decoupling. Regarding to the management of scholars, the author believes that university should base on fair and impartial standards of hiring teachers to strengthen competition. University should establish sanctions relief procedures in disposing of teachers and students, and keep them informed in order to protect the legitimate rights and interests of teachers and students.University autonomy is unique, but it is not without limit. It is often intervened by the the other branches of power. Judicial branch usually provides the last relief. There is limitation on the state power supervision for the involvement of university autonomy. There should be limited intervention of judicial review so as to realize the university self-management, teachers’ and students’ rights protection, effective judicial supervision of three between homeostasis.China uses a different ideology of running university independently from the university autonomy of America. Although university autonomy is a unique concept in China, but we can get some inspiration from universities autonomy in the development process. We should respect the independent rights of running university from outside intervention, and promote a healthy development of higher education.