Research On Legal Problem Of The Colleges And Universities' Rules And Regulations

The basic policy of governing the country in China is to manage the country abided by the law and to build a socialist country ruled by law. Basically, the socialist legal system demands that the laws must be abided by, the laws must be observed and enforced strictly and law-breakers must be prosecuted. Based on the promulgation of Education Law of the People's Republic of China and Law of the People's Republic of China on Higher Education, colleges and universities can be managed effectively. In July, 2003, the Ministry of Education has announced a profile which is Ideas on Strengthening the Schools' Management With the Laws, including the policy of managing schools according to laws actively and standardizing to run the schools, improve the quality of running the schools unceasingly, ensure a socialism direction in running the schools and push forward the development of a socialist legal system in our country.To manage schools according the laws refers to the government govern schools in the accordance with the laws and the school directors apply laws and regulations to various school affairs as well. And meanwhile, the spirit of laws must be embodied from the management in a large scale and achieve the purpose of schools'management ruled by laws. Therefore, the rules and regulations of colleges and universities is to put the laws into practice, to govern the school by using of these rules and regulations. The constructions of the rules and regulations in colleges and universities play a crucial role in governing the schools in accordance with the laws.At present, the academic circles in our country have made some broad and thorough researches and explorations in higher education system. However, the scientific study of the colleges and universities'rules in a systematic way is little, what's more, the legal study of making and carrying out the colleges and universities'regulations is much less. Apart from this, the study of how the regulations of colleges and universities embody on the basis of persons and how to promote and establish harmonious campuses is less. Some rules in colleges and universities can only solve some certain problems, in terms of the coordination and operation with other rules, the study is less as well.In recent years, colleges and universities attach great importance to the establishment of the regulations, but some certain problems still exist in making and implementing the rules. For instance, the process of making rules is not standardized, the rules system is imperfect, the content of the rules is illegalized, the operation of the regulations is not strong enough, the rights of teachers and students are infringed while the way of solving this is imperfect so that their benefits encroach somewhat. As has mentioned lots of causes above, the cases happening in colleges and universities are increasing, which make some affects in society.With the increase of the cases happening in colleges and universities, people show special concerns on making and carrying out legalized in the rules and regulations in colleges and universities. This article will apply some theories of Laws, Administrations and Education, adopting the study of document, contrast study and cases'analysis. What this article put more emphasis on is to study the problems in the rules and regulations of colleges and universities, to dissect the causes and to put forward some strategies in enforcing and perfecting the constructions in the rules and regulations of colleges and universities. The study is significant in improving the management of colleges and universities, cutting down the law problems, managing schools according to laws, promoting the construction of harmonious campuses and carrying out the policy of governing the country in accordance with the law.