Research On The Legal System Of University Autonomy

General Secretary Xi Jinping pointed out in his speech,“Education is a fundamental task of the country and the party.” at the National Education Conference in 2018.National Medium-and Long-Term Education Reform and Development Plan(2010-2020)puts forward a strategic goal of,“Promoting the separation of administration from colleges and universities,the separation government regulation from management,implementing and expanding the right to autonomy in colleges and universities”.At present,the autonomy of public universities and colleges gets better and better,and the vitality of universities and colleges is constantly released.However,from the overall point of view,Government dominates school resources and slightly intervene in running universities and colleges,which lead to the lack of regulations and operational anomie after the implementation of the autonomy of running colleges and university.Besides,the market competition and the lagging mechanism of social participation are intertwined,and the implementation of school autonomy is still not optimistic.The key reason for this is that the legal guarantee mechanism is imperfect.In order to promote the modernization of university construction in China and implement the autonomy of public universities,We must improve the legal system of autonomy in running colleges and universities in China.This paper first introduces the concept of university autonomy and the autonomy of colleges and universities,and analyzes the legal nature of colleges and universities autonomy,that is,the autonomy of colleges and universities is a special kind of public power.To argument the significance of legal guarantee for the autonomy of running a university.In-depth analysis of the changes,status quo and problems of the legal security system for running autonomous schools in China's colleges and universities.Then it puts forward the countermeasures and suggestions to improve the legal system of autonomy in running colleges and universities in China.In order to coordinate a better relationship between the government and universities,a dynamic balance between university autonomy and government intervention is achieved.In accordance with the basic principles of university autonomy and government regulation,restriction of power and security rights,and de-administration,we will improve the legal guarantee system for autonomy of colleges and universities in China from five aspects.The first is to clarify the content of autonomy in running a university,to clarify the status of independent legal persons in colleges and universities,to refine the power of autonomy in running a university,and to establish the rights and obligations of the interests of all parties in accordance with the law;The second is to strengthen the legal regulation of government intervention rights,to clarify the boundaries of government intervention rights,to construct the mechanism of government intervention,and to improve the responsibility of government intervention;The third is to improve the supervision mechanism for the autonomy of running a university,and to supervise it from internal,administrative,judicial,and social aspects;The fourth is to establish a social public participation mechanism,to build an intermediary organization to participate in school legislation,attract people with lofty ideals,and alumni to participate;The fifth is to improve the legal remedy mechanism for university autonomy from the aspects of education appeal,education reconsideration,education litigation,and establishment.