A Study Of The Relationship Between The Chinese Government And Universities From The Perspective Of Contract Theory

At the present stage,in higher education,the reform of streamlining administration,delegating power,strengthening regulation and optimizing services,is an important guide to action about remodeling the relationship between the Chinese government and universities.For a long time,the Chinese government and universities are always in the contradiction of the government control and the universities’ asking for power.In order to resolve such conundrum step by step,Chinese government begins to remodel its role and transform its functions.At the same time,Chinese government also strongly advocates and practices the policy view of streamlining administration and instituting decentralization.But,there always exists the separation of delegating power and strengthening regulation.Ultimately,the primary cause of vicious cycle of Chinese government is rule deficiency of the contractual relationship between the Chinese government and universities,which is not such relevant to the inadequate effort of decentralization.Based on such background,this thesis regards the Contract Theory as the theoretical basis,and anatomizes the development sequence of the relationship between the Chinese government and universities.At the first place,this thesis thinks that the real contract consists of the contract spirit,the contract text and the contract rule,which divides the contract development history into three phases that respectively are non-contractual phase,ex-contractual phase and real-contractual phase.Among such historic stages,three kinds of the roles of government are the leading factors,which respectively are the centralized and restraining government,the leading and administrative government,and as well as the supervisory and incentive government.In the higher education domain,based on the perspectives of the basic principle of the constitution of the contract and the basic framework of the Contract Theory,the relationship between the Chinese government and universities is in the ex-contractual phase.At this stage,Chinese government makes an utmost effort to delegate power to the lower levels in a manner of power-list.Because of the serious deficiency of the contractual rule in the government authorization and the universities’ using the power,there doesn’t exist constrained norm and the contractual text becomes a mere scrap of paper.It cannot be denied that the relationship between the Chinese government and universities has achieved much progress,but there is a far cry from the real-contractual relationship.Therewith,this thesis points out that the sprout of the real-contractual relationship between the Chinese government and universities has appeared and that the cases in point can be undergraduate teaching evaluation,university statutes issue and first-class university construction.Moreover,the reason why this thesis just defines such relationship status as burgeoning is the deficiency of the reasonable contractual rules.In order to handle correctly the relationship between Chinese government and universities and resolve smoothly the problem about combination of delegation and administration,the key approach is to construct the real-contractual relationship between Chinese government and universities,which can facilitate contractual delegation in the virtue of the contractual rule.So,the final chapter proposes some contractual strategies from the perspective of the authentic constitution about the real-contractual relationship,which are aimed at putting forward more reflections to promote the orderly operation about the relationship between Chinese government and universities.