The British-American Reference For The College Educational Hearing Legal System In China

China's 'Higher education law' clearly stipulates that colleges and universities should run autonomously by law and implement democratic management.However,as the deepening of the education reform in colleges and universities,original internal management relationships have been inadaptable to the legalization requirements of colleges and universities.Meanwhile,turns of situation are bringing increasingly high requirements to the normativity of the autonomous managements in colleges and universities.Therefore,it is extremely urgent to promote the management by law and properly handle relationships among the subjects in colleges and universities.The democratic management of the modern colleges and universities is closely associated with the importance placed on due procedure.The educational hearing system of colleges and universities has drawn the attention of China's macroeconomic policy makers and yielded extraordinary achievements in the practices of colleges and universities.Establishing an educational hearing system of Chinese characteristics should be regarded seriously in the development of Chinese colleges and universities.Hearing system,born in Britain,has been filled with detailed stipulations in the colleges and universities of this county;the hearing systems of the colleges and universities in America own normalized procedure and are extensively ranged.Thus,investigations on the educational hearing systems of the colleges and universities of the two countries are of great referential significance for China.Researches on the educational hearing system of China's colleges and universities should depart from jurisprudence basis to clearly perceive that educational hearing system is theoretically based on natural justice principle and citizen participation theory.According to this theory,a microanalysis is given to the representative constitutions of the colleges and universities in Britain and America.The results suggest that the educational hearing systems in the colleges and universities of the two countries are over three dimensions,including student's disciplinary punishment,teaching and administrative staff's post processing,and intramural decision making,under which,the characteristics of the educational hearing systems of the colleges and universities in the two countries are analyzed respectively.Subsequently,the shortcomings of the hearing system of Chinese colleges and universities are explored by comparison and the advanced experiences of the colleges and universities in the two countries were concluded,laying basis for improving the educational hearing system of Chinese colleges and universities.The microanalysis results reveal that the educational hearing system of the two countries are characterized by extensive application range,complete subject system,detailed procedure procedural rules,intensive pragmaticality,as well as the emphasis on the rights protection of common teachers and students.By contrast,China's colleges and universities presented many shortcomings,such as the restrictions to autonomy rights of the colleges and universities,the absence of hearing subject institution,and the lack of execution and supervision institutions.To solve these problems and improve the hearing system of China's colleges and universities,the following suggestions are proposed in accordance with the institutional experiences concluded from British and American colleges and universities:completing the procedural rule of the hearing system as soon as possible,expanding hearing range,perfecting hearing subject institution,enhancing hearing transparency,considering both the fairness and efficiency of hearing procedure.In this way,it is possible to put the people-oriented education concept into fact and promote the process of rule of law in Chinese colleges and universities.