Research On The Standardization Of University Rules And Regulations From The Perspective Of Soft Law

With the improvement of the consciousness of democracy and rule of law,the voice of changing traditional university management mode is increasingly strong.Because of its special status,public colleges and universities become the enjoyment of social public power,become the main body of University governance,become the backbone of the reform of the management system.University management mode from management to governance,develop and improve the rules and regulations of colleges and universities to become the primary task.The formulation of rules and regulations for colleges and universities,combined with the actual situation of the school,to better implement the laws and regulations and administrative regulations,in the range of colleges and universities management authority,formulate internal rules to ensure the specific operation of the school and the executive.However,in the process of governance in Colleges and universities,there are various phenomena that the rules and regulations are not valued,the functioncan not be played,not recognized,and even illegal.Thus,scholars began to conduct extensive research on the rules and regulations of colleges and universities.Also is the different understanding of the nature of the rules and regulations,bring to research in the circles of theory and practice of the connotation,the legal status of university regulations,value,function,the making of main body,jurisdiction,procedures and contents of form a flourishing situation.So the study of construction of university rules and regulations to promote the rule of law,to enrich and develop the theory of governance,has an important role to accelerate the formation of the pace of the modern university system.The thesis explains the concept,nature and type of the rules and regulations of colleges and universities,and analyzes the theoretical basis of the rules and regulations of colleges and universities.By tracing the development and changes of the rules and regulations of colleges and universities in China,this paper expounds the problems existing in the rules and regulations of colleges and universities,and analyzes the present situation of university rules and regulations deeply.Adhering to the point of view of With questions,solve problems,to combine theory with practice,pay attention to important points from small improved.the improvement of China's judicial,university rules and regulations standardized recommendations.Specifically divided into the following four parts.The first part of the paper takes the university rules and regulations as the basic point and the starting point,analyzes the basic question of university rules and regulations system connotation,the nature,the type and so on.On the basis of reading different scholars' views on the connotation of university rules and regulations,the author puts forward some opinions on the connotation of university rules and regulations,think the university rules and regulations in order to achieve the national goal of higher education and school goals,smooth operation and maintenance of the school,by the relevant departments in accordance with laws,regulations or departmental rules,in accordance with the norms of behavior of certain rights and obligations specified by the program is suitable for the actual situation of our school teachers and students,as well as for school affairs.Normative documents require staff to abide by the rules and norms of behavior;On the nature of the rules and regulations of colleges and universities,the author summarizes the three views of contract norms,multiple legal nature and soft law,the three views have their own advantages and disadvantages.Compared to the three point of view,soft law is very appropriate,accurately summed up the characteristics of rules and regulations do not have mandatory binding,but also has some binding.This argument provides a good idea for us to study the legal nature of university rules and regulations.It provides the direction for the further development of the standardization of rules and regulations of colleges and universities,and is more suitable for the qualitative rules and regulations of colleges and universities.Finally,summarize the types of university rules and regulationsThe second part of the thesis,by tracing the development rules of the history of universities,colleges and universities in the era of development of various rules and regulations,combined with the regulations existing problems,analysis of the formulation of rules and regulations of the status quo,we found a series of problems of university regulations exist today.The first is the overall system is not strong,the main body is not unified,the development process is not perfect,accountability is not in place has become the main problem of the system is not strong.The second procedure is not standardized,many colleges and universities to develop rules and regulations,general functional departments that need to work,put forward the corresponding rules and organize the drafting,discussion and comments and changes in a certain range,the competent leadership of the school or agreed to be deliberated by the relevant functional departments promulgated.In accordance with such procedures to make rules is very arbitrary,its legitimacy and implementation of the effect is difficult to guarantee.The second procedure is not standardized,many colleges and universities to develop rules and regulations,general functional departments that need to work,put forward the corresponding rules and organize the drafting,discussion and comments and changes in a certain range,the competent leadership of the school or agreed to be deliberated by the relevant functional departments promulgated.In accordance with such procedures to make rules is very arbitrary,its legitimacy and implementation of the effect is difficult to guarantee.Third supervision system is not in place,the main supervision is not clear,the supervision process is not clear,the supervision content is not comprehensive,supervision results is opaque.Fourth lack of relief system,the rules and regulations,especially related to restrict and deprive the basic rights of the object of regulation rules in the implementation process,the internal relief mechanism has not set up a review,review the corresponding,is often a final cut.This makes the application of the relevant rules and regulations caused by disputes lost the opportunity to correct first,thus triggering litigation,resulting in escalation of contradictions,the negative impact of expansion.Fifth other technical problems,imprecise wording and form lead to non-standard rules and regulations.The third part of the paper is based on the connotation of university rules and regulations,study the soft foundation of university rules and regulations,analyze the necessity and feasibility of university rules and regulations system from the perspective of soft law,laying a solid theoretical foundation for the next study.Through the elaboration of what is soft law,the difference between soft law and hard law,the advantage of soft law,it is fully proved that soft law is the theoretical basis of university rules and regulations.Based on the analysis of the feasibility and necessity of university rules and regulations under the perspective of soft law,emphasizing the university regulations to handle the construction of university statutes,top-down university regulations,truly university regulations standardization and legalization.Forth part the author on this paper puts forward the path of the construction of the rules and regulations system of colleges and universities in our country,and makes a preliminary exploration on the systematic construction of College statutes from the aspects of objectives,governance patterns,ideas,processes and supervision.On the establishment of the system of the standard specification system based on soft law as the core of the system,and attach importance to the legal system of the construction of university statutes perfect from the thought,establish public procedure system from the system,which is a prerequisite for the formulation of rules and regulations to achieve legislative Justice program.The establishment of procedural disclosure system from the system,which is a prerequisite for the establishment of rules and regulations to achieve the legislative fair procedures.The various stages and stages of the development of rules and regulations will be open to teachers and students.To play a more democratic system in the role of the school in the formulation of rules and regulations,especially formulated and is closely related to the interests of the student management system,should be studied seriously,take a seminar or similar hearing practices,listen to the opinions of the teachers and students.In the project,should the drafting,examination and decision,and announced the application and interpretation of every links in a timely manner to establish a system of norms in the corresponding standards program.From the supervision system should emphasize the establishment of supervision and feedback mechanism,improve the power supervision mechanism,and constantly improve the system construction,play the two role of the supervision mechanism: First,the supervision of educational laws and regulations and internal rules can be implemented;Second,to find and correct illegal acts.From the establishment of internal dispute relief system punishment,the establishment of a hearing system and appeal system,to maximize the rights and interests of teachers and students.Finally,we must unify the form of the university rules and regulations,by standardizing the form of rules and regulations,in order to truly implement the standardization of university rules and regulations.