Research On The Dilemma And Path Of China's Contemporary University Constitution Construction

University Statutes construction is one of the core content of establishing modern university system with Chinese characteristics.In Europe and America as well as at the end of the Qing Dynasty in China established by the University,usually is the first statute then university.Due to historical reasons,after the founding of new China many of our university in the long-term operation without statutes,which lead to the loss of University’s independent legal status,also caused the University’s internal governance structure of chaos.Therefore,to clarify the reasonable relationship between university and government,society,to make clear the university’s independent legal person status,straighten out the university internal governance structure and operation mechanism,has become the key of constructing the modern university system with Chinese characteristics of the contemporary.And all of this,it must be realized by promoting the University Statutes construction.At present,China’s construction of University Statutes facing "above the active,below the passive" predicament.Investigate its reason,on the one hand with defects and the fetters of China’s macro higher education system,on the other hand with the university subjective understanding is not in place and internal institutional inertia is closely related.Therefore,to promote the work of University Statutes construction,do not only need the top design,integrated forward macro education system reform,but also need to strengthen the understanding and the power of colleges and universities,make it consciously,standardized,scientific,innovative and personalized development of construction work.In this study,the methodology in Marx’s philosophy as a guide,the literature research method,case study method,comparative analysis method and interview method is mainly used in the concrete operation.Through interviews,the author can more intuitive understanding of the status and dilemmas of the construction about China’s University Statutes,and can carry on the system analysis of the reasons for this situation more accurately,to find the reasonable paths of accelerating the China’s University Statutes construction on this basis.The main research contents of this thesis are as follows:First,to construct the research framework of the dilemmas and paths about China’s contemporary University Statutes construction.At present,the actual dilemmas of China’s University statutes construction need to strengthen this study.The significance of this study is:help to implement and expand the autonomy of higher education,help to deepen higher education macroscopic system reform,help to speed up the construction of modern university system with Chinese characteristics.The authour summarized the related research on the University Statutes construction;establish the basic research framework of this thesis.Second,the ontological study of University Statutes.The related analysis about connotation,function,value,legal nature and legal status of University Statutes.Focus on the definition of "the connotation of University Statutes" and "the University Statutes construction".In addition,through a case study about 2 University text selection of domestic and foreign typical.After that,by using the method of comparative analysis of domestic and foreign University Statutes subject and procedure are analyzed,in order to find out the difference.Third,to analysis the present situations and dilemmas about China’s contemporary University Statutes construction.By reviewing the process of China’s University Statutes construction,analyzes its present situations,the result indicated that the main dilemmas have:university autonomy implementation is not in place,the subject of University’s intrinsic motivation is not strong for Statutes construction,stakeholders are insufficient participation in the formulation of University Statutes,the formulation procedures of University Statutes are not standardized,the text characteristics of University Statutes are not distinct,the contents and the provisions of University Statutes are lack of maneuverability,the implementation effect of University Statutes are not ideal.Fourth,to analysis the reason of stagnant and backward about China’s contemporary University Statutes construction,which can be summarized as follows:the University Statutes construction started late,less prominent historical accumulation,centralized system,university long-term operation in the planning system,law idea indifference,"prevailing official standard" trend of thought and the university subject consciousness is not enough.Fifth,to reference the successful experience of developed countries about University Statutes construction.The authour analyzed the situation of 5 famous University Statutes construction in developed countries,summarizes their characteristics,to obtain the beneficial enlightenment for China’s University Statutes construction.Sixth,to clarify the reasonable paths about China’s University Statutes construction at the present stage,which could be summarized as follows:enhance the awareness of the importance about the University Statutes construction,actively promote the macro system optimization design of the University Statutes construction,strictly regulate the procedures of the University Statutes formulation,University Statutes contents should reflect their own characteristics,University Statutes provision should be more exercisable,improve the supervision mechanism about University Statutes construction and implementation.