The Legal Nature And Restriction Meatures Of The Autonomy That Universities Own

Under the different historical period and the different economic system, the notion of the autonomy that universities own have differing connotation from the legal nature, content, degree to scope. In the Reforms perioed of our country, the nature and the content of the social relations in the higher education domain changed deeply. University's legal status has also had the significant transformation. Along with the transformation of the university's legal status, the legal natue of the autonomy that universities own transformed from the legal nature of power to the combination of power and right. In order to enable both the right and the power of the autonomy to exercises legitimately and reasonably, also in order to guarantee these right or power not to be abused, we shoud have to exercises different principles, measures and methods on right and power. Like this so we can guarantee the commonweal nature of the highter education and the national education power implements smoothly, and universities runs independently in social.The theme of the article is dealt with in six parts:The first part is introductory remarks. Mainly to discuss the background of the issue of "the legal nature and restricting measures of autonomy that universities own" and the significance of this research; and the current situation of the research; as well as the innovation and the inadequate that may exist in the thesis.University's social localization is the premise and the key to studies the legal nature of the autonomy that universities own, so the second part firstly explains the social localization difficulty that the universities faces during the transformation period from planned economy to market economy; then on the base of the thery of 'the third sector', through the analysis of the nature of the scholar guild, and the operation mechanism of higher education under the market economy system, as well as the new product attribute of the higher education, describes the university's social localization under market economy system.The third part explains the autonomy that universities own in aspects like nature, scope, content, independent degree; commentate the relationship between the legal nature of autonomy that universities own and the different social economy system; as well as the main concrete content of the autonomy that universities own under current period.Part IV is focuses on the analysis of the legal nature of the autonomy that the universities own on the base of the the university's social localization under market economy system. starting from analyzing the nature of the 'power' 'right'and'the social authority' which respectively in connection with the 'political domain"economical domain"society domain', and then the analysis of the legal sources of the autonomy that the universities own, as well as the study of the commonweal the universities pursues proves that the legal nature of autonomy that universities own is a combination of 'power and right'.Part V proposed restricting measures separately for the autonomy with different legal nature on the ground of the analysis of legal nature of a combination of the auotonumy thatuniversiyies own's.Part VI is the concluding remarks of the thesis.