Research On Legislation Of Administration In College And University

The 15th National Party Congress report of governing the country according to law and building a socialist country ruled by law, has become the country's basic strategy. As an important component of the society operation, the regulation of college students can not be dissociated from the perspective of the law. Administrating the college by law, in the field of higher education and management, is the embodiment of Governing the country according to law. In recent years, the legal appeals between colleges and students, colleges and teachers get an increasing number, litigation covers school management, certification, degree-granting, disciplinary and other aspects of the administration of the college. However, the inconsistency in dealing with such cases by the people's courts reveals the legislative gaps and inadequacy of the legal system in the college administration. From the perspective of administrative law, the article aims to study and discuss a number of issues on the University administrative rule of law in accordance with the legal relation and education management behavior between college and students.This article includes three questions: firstly, the characteristic of the college and its administrative status; secondly, legal relationship between the college and their students; thirdly, legal character of the education management in college and the principles of its judicial examination.The first part expounds China's theoretical viewpoints on the nature of the institutions of higher learning, and includes: corporation institutions theory, laws and regulations authorization theory, the third sector theory, as well as the official corporate theory in the civil law countries, and public body model in the Anglo-American law system countries, on those basis, the author views that the nature of institutions of higher learning should be defined as a official corporation. Around the legal status of the higher education, the author studies the related contents and defects of the administrative body theory in China, proposes that China's colleges and universities have administrative body qualifications and qualify to become a defendant in the litigation, and suggest that a clear legal requirement for official corporation as one of the Administrative bodies.The second part expounds four major theories of China on the legal relationship between the college and their students. Namely, civil legal relations theory, administrative law relations theory, education management legal relations theory and the theory that coexistence theory of the relationship between civil law and administrative law. Moreover, four foreign theories, namely, the special power relationship theory, the importance theory, the lease theory, and part of the society theory. And, based on those perspectives, the author views that the relations between the two legal entities should be defined as relations between official corporation and its users. It includes civil law and administrative law relationship based on the different specific nature of the colleges.The third part studies the standard theory which defines the nature of higher education management on the basis of the legal nature of the higher education management and judicial examination. Namely, Germany's "important matters" standard theory, the standard of power theory in China and behavioral effects of strength standard theory, on the basis of which, the author analyzes legal nature of the specific college education management and its scope, principle and strength of the judicial examination.