Comparative Study On The Rights Of Teachers And Students Of The American And Chinese University Statute

University statute is the normative document which a school can realize se lf-government and manage itself according to the law.The right of teachers a nd students is an important part of university statute.However,due to the lack o f procedural requirements,it is difficult to achieve the right of teachers and s tudents of university statute.By comparing and analyzing the rights of teachers and students of the university statute between China and USA,we can find that there are some problems.Studying on these problems can promote the constru ction of our university statute,on the other hand,it can improve the protection system of the right of teachers and students.This paper adopts text analysis and comparative study,we choose three uni versity statutes from China and USA.By comparing the content of teachers’ an d students’ rights,we find that the same content of Chinese and American teac hers’ right is academic freedom right,democratic participation in school manag ement,appointment benefits and appeals and so on,the difference is that the American university statute emphasizes teachers’ privacy and our university st atute emphasizes teachers’ training;the same content of students’ right is p articipating in the democratic management of the school,getting a degree and equal right,etc.,the difference is that the American emphasis on students’ pri vacy right and employment right,and we emphasis on students’ complaints,pa rticipating in educational activities,the right of scholarships and financial aid,s tudent loans or social services.In terms of teachers’ right,American universit y statute implement it by organizing academic committee,council,school go vernance groups,etc.,detailed provisions and post employment benefits,grievan ce procedures and agencies;in terms of students’ rights,the American univers ity statute makes the students’ rights operational by allowing students to partic ipate in the Board of Directors and student Affairs Committee of decision.The Chinese University statute states teachers’ and students’ right through the gen eral description of the content of rights of teachers and students,together withthe provisions of teachers’ congress,students’ congress,the graduate students’ congress,due to lack of procedural safeguards,the right of students and teach ers is difficult to implement.By comparing the rights of teachers and students of university statute bet ween America and China,we find that the content of teachers’ and students’ ri ght of Chinese university statute is similar to each other,lack of guarantee d procedural law of the right protection and the subjects of teachers and stud ents is not enough and so on.These problems are are due to university statutes paying much attention to management,valuing entity and disregarding proced ure,teachers and students’ participation insufficient.Based on the problem about content of teachers’ and students’ rights of Ch inese university statute,and learning from the experience of American University statute,this paper presents the sound mechanisms for the protection of the tea chers’ and students’ rights,focusing on procedural law construction of university statutes,strengthening the consciousness of the rights of teachers and students,strengthening the suggestions of the implementation of the university statues.