Study On The Legal Issues Of China's University Information Disclosure

Taking rights seriously,realizing the power of legal and effective regulation is the basic requirement of the rule of law and social construction.With the growing awareness of social democracy,the public as a Democratic member of society,the right to know the demands of more and more intense.It calls for a more transparent government and other public institutions.Based on the requirements for public power organization came into being public information.Following the promulgation and implementation of The Government Information Disclosure Regulation in 2008,The Regulations on the Disclosure of University's Information was enacted in April 2010.Therefore,universities information disclosure gradually establish legal norms.However,due to the too abstract of related legal norms,so that the laws are difficult to respond to higher schools urgently need to solve practical problems.At the same time,relevant rules are also highly imperfect about university information disclosure.Based on this,building more perfect and improving the system of university information disclosure is particularly important.This article will explore the actuality and improvement of information disclosure system of our country from four parts.The first part,changes in the course of university information disclosure system in China analysis.University Information Disclosure of the initial disclosure in China,with the promotion of open government information,colleges and universities in the field of public information also followed.Secondly,it demonstrates the necessity of information disclosure in Chinese universities.The system of information disclosure in universities is helpful to regulate the autonomy of universities and colleges,to protect the legitimate rights and interests of teachers and students,and to realize the maximization of social public interests.Finally,to explore the connotation of the information disclosure of University in our country,the system of university information disclosure aims to achieve the dynamic balance of multiple interests,such as public interest,privacy and right to know.The second part intends to analyze the difference and contact between the government information publicity and information publicity in universities.University and government is the administrative subject and have the administrative power,there are fundamental differences between the power source and the function orientation.Taking administrative subject in universities as a function of autonomy,especially the properties of academic autonomy,this determines the information disclosure system and government distinct internal rules while compared to the information content.Because of its joint administrative subject attribute,the University information disclosure in Chinese and the government shows a lot of common things.However,university as an autonomous organization with academic freedom as the core,such as teaching,scientific research and social service must produce a large amount of information which is related to the teaching and scientific research.In terms of dispute resolution.On the one hand,administrative litigation and administrative review can be seen as the government and university information public dispute solution.On the other hand,in view of the unique value of academic autonomy,the government and university in the two of dispute resolutions are different.The third part intends to make a analysis of specific problems of the information disclosure system in universities.It can be found that it exists some shortages information disclosure system in universities.Specifically,the first is the institutional framework is improper.he president's office can not undertake all the information disclosure of University,and the lack of professional evaluation agencies.The second is about the objects are carelessly.The current university information disclosure does not distinguish between the different nature of the University as the main body of information disclosure and different levels of stakeholders as information acquisition differences.The third is about the range is uncertainty.The scope of active public information is insufficient,academic information becomes a barrier.The fourth is about procedures are imperfect.The program specification is simple,it is difficult to connect with the school rules and regulations procedures.The fifth is about The judiciary has become the final solution to the dispute resolution of the University,and the dispute settlement mechanism has not been established.The fourth part intends to improve the information disclosure system of university.In view of the present problems of the information publicity in universities,the universities information disclosure system should improve in five aspects.Firstly,it is necessary to set up special organizations and personnel in charge of this,build third party appraisal institution.Secondly,it is important to distinguish the object of information disclosure.On the one hand,based on the different nature of university,distinguishing the key point of different university information disclosure is very important.On the another hand,it is significant to distinguish between interior disclosure and external disclosure,the way and scope obtaining information.Thirdly,it is high time to clear the scope of information disclosure.Based on the universities information types and properties of complexity and diversity,it is necessary to determine the scope of the university information disclosure principles and detailed universities information classification.Fourthly,we should strengthen the rule of information disclosure procedures.According the procedures on the Disclosure of University's Information is relative rough.so we should combine with university statutes and regulations to detail and clear the procedure rules of university information disclosure.At the same time,we should improve the power of the university governance of procedural justice.Fifthly,we should establish and improve the university multiple dispute resolution mechanism of information disclosure.On the one hand,building alternative dispute resolution mechanism and improving the appeal and arbitration can be regarded as good way to settle the dispute.On the other hand,the enhancement judicial is been seen as solving disputes university information disclosure of the final and effective system.Accordingly,the realization of judicial regulation can reach a balance the rights and interests between teachers and students.Pay attention to the effective convergence of non litigation and litigation mechanism in the dispute settlement mode,and play the important role of non litigation dispute resolution mechanism.