On Approach For Formulating The University Charter In China

After "The Outline of National Education Reform and Development Plan (2010-2020)" was announced, "The State Council on the Development of National Education System Reform" was coming out as a consequence on October 24,2010. It was determined that Peking University, Beijing Normal University and other 24 colleges and universities are to be pilot units, respectively. These 24 universities and colleges are responsible to push forward the work that universities in China should have to have their written university charters. Writing of university charter is now becoming an important task for every university in the China's mainland.This dissertation argues that formulating a University Charter must follow the path as follows: First, determination of what the University charter is. An accurate definition is a foundation for a charter to be correctly built up. Second, a study of university charters both of domestic or abroad, either in the past or today, should be established that would help us to learn the experience of how charters are developed. Third, analyzing how the charter functions and interpreting meaning it produced in order to confirm the value of the Charter. Forth, analyzing the Charter texts,iin order to set up of a framework for the charter formulation. Fifth, having specialized agencies and university faculties to work together on the charter and organizing a meet for relative parties to vote to determine if the charter is appropriate in function, according to certain principles and procedures. In the "Definition" part, a definition should be written in accordance with logical "per genus et differentiam". So the definition of a charter will be clear:the task of charter is to state the mission of universities and fonnulated according to the procedures and conditions prescribed by law. With the charter the status of university and external relations should be clarified, and so are the self-governance of structure and management system and other fundamental matters of regulatory documents. Based on the current laws and regulations in China, especially the clauses on definition, on the current status of implementation of the existing charter of the University and the value expectations of University charter, the author summarizes the chapter with 3 properties: contract, home rules and quasi-autonomous administrative laws. The author has analyzed the charter and its upper and lower specification and policy relationship, and therefore pointed out that a university charter has at least five characteristics, such as a programmatic content, the legal nature of the program, real legitimacy, behavior guiding, and movement coordination. Thus a university charter can be defined.The "Learning experience" chapter sorts out four parts as abroad, Hong Kong,-Macao-Taiwan, and before and after the establishment of the PRC. The author analyzes the history of the University charter, which began with a focus on "The Imperial Academy's Charter" of the Qing Dynasty to the present. The author categorizes different experiences that can be learned even today. To be sum up, when developing a charter for a University, the first thing is to give sufficient attention, maximize the absorption of existing experience, and take advantage of the historical and foreign experiences; secondly, it is essential to properly handle the university-government, the universitiey-society relations, the charter-laws-regulations, the charter and campus regulations, and finally the other administrative power and academic power relations; thirdly, for the charter development, there must be the statutory agencies and personnel and strictly follow the statutory procedures; fourthly, the legal status of universities and educational autonomy must be cleared. The university management system should be ensured the democratization of university decision-making; fifth, the development of charter of the University should be due to the changing circumstances and reflect their own characteristics, history and culture. In the "Value recognition" chapter, the author first pointed out that the charter value is what the charter significances are to the value subject. According to the four aspects, legal, governance, culture and construction, the author interprets meanings a university charter would produce. The charter of the University's functions are summed up:the presenting the University history, highlighting the Mission of the University, constructing management template, and defining mandate obligations.In the "Text Framework" chapter, representative charters are selecte in order to examine how charter function and make comparisons as well. Combined the history,constitution of legislation and other practices, the author has tentatively given proposals on the structure and the content of our university charter. In the structure, since the preamble,from general principles of the regulation, the text should be organized by a four-story structure with chapters sections, subsections and items, so a preamble should be uniform written. The preamble should include:1, University's history and achievements; 2, University's mission and vision; 3, the reasons' of the development of charter. The general section should include:1, the name, and the address of the university; 2 the missions. The body parts should include:1, the university's logo; 2, the Authority boundaries between the Party committees and administrative powers; 3, the management system of the university and schools; 4, Professors and the academic competence; 5, staff and students' rights; 6 financial system; 7, students and teachers'social services and external relations; 8, alumni participation. Supplementary section should include:1, the approved effect and modification of the charter; 2, the interpretation.of the charter.