The Study On The Procedural Justice Of Public University Statutes

The statutes of public universities in China are the "Parent Law" of modern university governance and it undertakes ?The Higher Education Law of the People's Republic of China?.It is an important platform to improve the governance structure of modern universities and construct a modern university system with Chinese characteristics.As a supporter to statutes,University governance is the governance according to law,and the procedure as an important expression of the value of form of the modern rule of law,under the condition of full of entity content,the procedure became the visible standard of justice to clear and protect the Stakeholders of statutes to achieve their basic rights,and become the core of higher education with governance according to law.It is decided that the essence of modern university governance is based on the statutes and through the procedure.In recent years,As the“Parent Law”of university,the practice of the reform and development of higher education in China continues to prove that: to promote the scientific development of the University,the basic experience is to govern university by law.The Higher School for Statutes of the Interim Measure,for the first time of the whole sense,comprehensively regulate the principles of statutes?contents?procedures and major issues involved,it not only clarifies the substantive rights of the statutes,but also emphasizes the procedural value.Especially in the procedural aspects of the text of the statutes,whether it highlights the status of the statutes or realizes the rights of stakeholders,it all decide that the procedural justice should be the deserved meaning of the University Statutes,to enhance the authority and effectiveness of the statutes with visible standards,to realize the self-management according to the law with the lowest degree of justice to clarify the responsibilities and rights of the relationship between University and Government,and to protect the right of participation of university stakeholders.Until the end of July 2015,The Ministry of education has approved and promulgated the text of the statutes of Eighty-four Universities,which includes Thirty-eight "Nine-Eight-Five Project" of universities,and they are the higher level of education in our country in the field of Higher Education.So they have a high degree of recognition and reliability,and they are excellent models for the other universities' statutes of constituting,have good value in research.However,through the analysis of the eighty-four statutes,it was common to find that the phenomenon of lacking of the idea of procedural justice,lacking of procedural clauses,and the procedure of major decision was vague,the authority and value of university statutes were damaged.This study from the perspective of Jurisprudence,analyzing of the legal status of public university statute,clearing the statute's property of “Procedural Law”,and analyzing the content and value of the procedural justice of university statutes,then regard the static text of the eighty-four university statutes as the research object,from three aspects of the constitution and revision procedures,Stakeholder participation procedures and “Three Importance and One Greatness” Policy-Making procedures of the statutes to analysis the text clauses,to explore the lack of procedural rules and procedural justice ideas.Afterwards,manifesting the value implication of procedural justice of university statutes by building the concept of procedure justice of stakeholders;and through the measures of clearing the “Three Importance and One Greatness” Policy-Making procedures,constructing stakeholders' participation procedures,improving the constitution and revision procedures and so on to optimize the procedural rules.Eventually,fulfill the modern university governance which based on the statutes with “governance of procedure”.