Legal Analysis On The Homogeneity Of The Constitution Of Chinese Universities

Our university charter is a basic rule of autonomous running,implementing and managing public functions in universities.At present,according to the unified deployment of the Ministry of education,colleges and universities have basically realized the goal of one school charter and realized the process from scratch.However,there are many homogenization phenomena in the articles and articles of Association issued by universities,which lead to many problems.These drawbacks make the statutes as "constitution" in Colleges and universities not effective facilities,and fail to play their due role.Through the systematic analysis of the causes of the homogeneity of the articles of association and the causes of the problems in order to solve the problems of the procedure,the unreasonable content and the unsmooth implementation of the Constitution in the process of making the articles of association,and to put forward the Countermeasures for the rule of law to overcome the homogeneity and perfection of the articles of association.This article is discussed from the following five parts:The first chapter is the Constitution and its evolution of the University in China.It includes the definition,the origin and the development of our university statutes,and it is introduced from ancient times,modern times and modern times.It also expounds the importance of our university charter as the core of modern university system in managing the school by law.At the same time,the present situation of the constitution of the University in China is described,and the existing problems in the contents and implementation of the articles of association are analyzed in terms of the external environment and the influence of the University's own circumstances.The second chapter is the homogenization of university statutes in China.The homogeneity of statutes is a uniform form and content.The concrete manifestations are the homogenization of the structure,the homogenization of the contents of the articles of association,the homogenization of the protection mechanism of the rights and interests,the homogenization of the school owners and the regulations of the school rights,the homogeneity of the articles of association and the provisions of the implementation.The third chapter is the malpractice of the homogeneity of the constitution of the University in China.The homogeneity abuse violates the original intention of the constitution of the University.Through the analysis,it is found that the homogeneity of the University constitution has aggravated the homogeneity of the University,the regulations in the constitution,the system content blurry,and the lack of the existence mechanism.It is difficult to become a rule of rule by law,and it is difficult to provide impetus to the construction of modern university system and the reform and development of universities and the goal of building a modern university system.At the same time,there are some drawbacks such as the lack of characteristics of university regulations.The fourth chapter is the legal cause of homogeneity of university regulations in China.In the process of establishing and perfecting the constitution of the University,the application of the legal theory is the inevitable choice,but through the analysis of the homogeneity of the constitution,the use of the principles of the law,the interpretation of the legal norms and the way of solving the problems in the use of legal thinking in the process of constitution making are deficient or inadequate.In this chapter,the reasons are analyzed from six aspects: the legal dispute of "no benefit",the rule making,the "simplification" of the complex legal relationship,the excessive law "form",the "Absence" of the legal responsibility,the various rules and the application of confusion.The fifth chapter is to overcome the rule of law in homogenization of university regulations.To overcome the homogenization of university regulations,we need to strengthen legislation and draw lessons from extraterritorial university statutes.Meanwhile,we should use the rule of law thinking and improve the constitution guarantee mechanism.Efforts should be made to uphold the University's characteristic development and create a good rule of law school environment.We should adhere to the system of innovation and constitution,perfect the contents of the articles of association,perfect the mechanism of the implementation of the constitution,create a good environment for the rule of law,make the learning system of the constitution,and make the Charter play its due role.