Enlightenment From Corporation Reform Of Japanese National Universities On The De-administration Of Chinese Universities

The de-administration reform of Chinese universities has kicked off since the National Medium and Long-term Education Reform and Development Plan (2010-2020) (hereinafter referred to as The Plan) was issued in July 2010, clearly noting the de-administration of Chinese universities and separating management from enforcement. De-administration reform, as a major part in higher educational reform, can be analyzed from the jurisprudential perspective and discussing on how to perform the force and authority of law and build up a guarantee system by legal means. This dissertation is aimed at discussing the enlightenment and suggestion on the de-administration reform of Chinese universities from the jurisprudential perspective based on experience and lessons from the corporation reform of Japanese national universities.Firstly, the author clarifies the necessity and urgency on the de-administration of the Chinese universities by elaborating on the implication, features and reasons of the administration from government as well as the corresponding severe consequences. Administration on universities from the government is getting worse with excessive intervention from the government and irrational arrangement of resources. Meanwhile, the modernization of higher education in China is still struggling due to the unbalance between executive power and academic power and less focus on educating which should be the main goal of operating a school. This dissertation analyzes the reasons for the administration from the jurisprudential angle, defines the implication and clarifies the necessity for universities to carry out de-administration reform based on the current situation of de-administration in Chinese universities.Secondly, the author continues to discuss the enlightenment on the de-administration reform by analyzing the corporation reform in the neighboring country Japan and drawing experiences and lessons from it in terms of process, concepts, contents and effectiveness. The core principle of the corporation reform in Japan lies in the administration according to the law. On one hand, a well-structured plan was made to define the preceding process of the corporation reform and the capacity of act and rights were regulated and restricted by law for government, universities as well as legal persons. On the other hand, regulating on how to operate a school was done by administrative legislation so as to provide clear and explicit law for the administrator and those under administration to aside by, through which the significance of law in the process of de-administration reform can be manifested.Finally, suggestions on how to perfect legislation so as to promote the de-administration reform are raised up in accordance with laws and regulations as The plan and Higher Education Law of the People’s Republic of China based on the status quo and jurisprudential analysis. Use the corporation reform of Japanese National Universities for reference, we need to make rules and laws first to clearly define the school-running autonomy and executive power; and then perfect legislation and build up a mode of separating three powers to lead the internal reform in universities; we need to rebuild the evaluation system by introducing the third-party evaluation mechanism; allow universities and governments to perform and focus on their roles respectively, perfect legislation to authorize universities to carry out de-administration so as to achieve the goal of building a modern university which features running in accordance with law, autonomous administration, democratic supervision and social participation.