Research On The Legal System Of University Academic Committees

In recent years,the promulgation of Colleges and Universities Academic Committee Regulations and the revision of Higher Education Law of the People’s Republic of China,shows the necessity to devote great efforts to promote the development of the Colleges and Universities Academic Committee and build the mechanism of the academic governance centered on the academic committee,with the aim of improving the overall level of universities’ academic standards,and representing the features of “professors managing academics” and “democratic management”.After studying the academic committee system and its related laws,regulations,and some normative documents as well as the history and features of the interior and exterior development of Chinese and American universities,this paper aims to reveal the essential reasons why the academic committee system develops slowly and why it is difficult to achieve professor-governance,and at the same time clearly indicates the reasons of the administrativization of education and the academic power alienation in universities.To solve the problems mentioned above,this paper,from the perspective of law,management and education,thoroughly analyzes the factors which may influences the academic committee directly or indirectly,using literature research,historical research,comparative analysis and investigation research.To be more exact,there are four problems discussed in this paper.That is whether the development of universities will be influenced by the external environment;whether the influence will lead a reform of the leadership system in the university;whether the reform of the leadership system will influence the teachers’ group and what the influence is.This paper draw two conclusions from analyzing the history of the interior and exterior development of Chinese and American universities.First,the development of universities will be greatly influenced by the external environment when there are change of some intensive variables like the fortunes of war,the national policies and thelaws.However,the negative effects will be reduced and even counteracted if there is consultation made by those concerned.In the period of he Republic of China,some universities like Tsinghua University and The Southwest Associated University have negotiated with the government,which maintains the features of diversity and professor-governance.Since the founding of new China,the academic committee and the teachers’ group were greatly affected because of the recurring reform of the the leadership system in the university led by the change of the national policies and the laws.Besides,based on the World War II and the public reaction to the subjectively discharge of the professor subjectively,America raised its universities to the world standards and it also hasten the emergence of the soft laws to protect the rights of the professors as well as the Senate System in universities.Second,there are qualitative differences between the influence of the soft laws and hard laws of China and America to their universities.The overall impact of Chinese law on universities presents the characteristics of regulation and command;the overall impact of American law on universities presents a feature of increased subsidies and negotiation.However,they also have something in common,that is,both countries,as large unified countries,tend to interfere with universities.This paper draws the following conclusions by comparing Colleges and Universities Academic Committee Regulations in major universities in China.First,there are still administrative interventions within the academic committee,or there is a tendency towards "super scholar".The university places administrative leaders in the form of ex-officio members and only a small number of case universities stipulate the proportion of young members and their qualifications.Second,there is a lack of decision-making power in academic committees.Only a small number of case universities give academic committees the right of approval,while most of the others gives them the deliberative power,the rights of evaluation,and the right to make suggestions.The underlying reasons for the above results are: First,the existence of a university is an objective reality.Both China and the United States have used the university as a tool to achieve national goals and interests.When the government will intervene in the national interest,it can justify intervention in the university.External affairs affect universities.Second,the management rights of U.S.universities belong to the stategovernment and most of them are negotiated.Therefore,the federal government has made laws to grant funding to universities.The management rights of Chinese universities have always belonged to the country,and their laws have been stipulated.The mode of operation of the university is the mainstay.Third,before the academic committee has obtained a legal form of existence,a solid governance system consisting mainly of party committees and principals has been formed within the university.It is more difficult to reduce administrative intervention by limiting the number of administrative leaders.Fourth,the generation,rights,and functions of our academic committees are not derived from the laws of the university itself,but are given by external legislation.In addition to the support of the education department,the party and the government are required to formulate relevant laws for authorization.Fifth,the development of the U.S.university council system has been going on for a long period of time.The emergence of the academic committees in our country has been accompanied by a lack of accountability.The lack of systems in many areas has required a long period of improvement.The following measures are taken to effectively use the functions of the academic committee and demonstrate the characteristics of " professor-governance." First,we will adjust the working mechanisms of the school party committee,the president’s office,and the academic committee;and clarify the relationship between the highest political institutions,the highest administrative institutions,and the highest academic institutions within the school.Second,the membership of the Academic Committee is diversified,such as increasing the number of students and alumni representatives;democratizing the election methods and minimizing the proportion of ex-officio members in order to demonstrate the democratic characteristics of academic institutions.Thirdly,the school party committee and the principal shall grant academic committees the right to independently verify the grade by grade,gradually according to the number of academic resources,the level of employment of qualified personnel,and the academic title that can be abolished.Fourth,formulating the principles for the exercise and ownership of academic and administrative complex powers.It is not recommended that power be divided according to academic and administrative attributes.Fifth,refine the acceptance criteria for academic disputes,academic misconduct,investigation procedures,and identification rules,and establish the prestige of academic committees in adjudicatingacademic disputes.In summary,the changes of the external environment of the university,the reform of the university’s leadership system,the transformation of internal organization settings,and the change of the teachers’ group all form a chain reaction,which together act on the academic committee and its system.For a long time,the people of all circles have commented on the negative status of university administration and the alienation of academic power.They called on universities to set up academic committees to exercise their academic power,to achieve " professor-governance." and even more to propose“professor management.” A rational view of "professor management" and "professor-governance.","professor management" is successful in the United States,not because the professor is in power,but "professor management" is itself a form of academic democratic management.In China,the reform and development of the academic committee system does not depend on the university itself.It also requires the cooperation and support of the party,all levels of government,and all levels of the university which will be a long and difficult process.