On Managing The University According To Law

Ever since the general plan of ruling the country in accordance with the law was advanced at the 15th Session of the Chinese Communist Party, many slogans mushroomed with the wording "managing X according to law". Managing the university according to law has become a popular topic at various universities. This phenomenon leads us to contemplate many related questions: What do we mean by managing the university according to law, what is the point of it and what measures should we take accordingly. Satisfying answers to these fundamental questions should be the prerequisite for practicing managing the university according to law.The author of this thesis believes that essentially, managing the university according to law is the rule of law within a university. It should be and will be the logical deduction and development of the rule of law. Based on this understanding, the author views the rule of law as the key to comprehend and solve all the problems. This thesis discusses the basic theoretical questions of what, why, what to do and how to do on managing the university according to law.So what is the rule of law? It is concomitant with democracy. In nature, rule of law is the rule of good laws, democracy, constitutionalism, procedure and belief. Its logic is based on democracy , starts from rights, rests on the protection of civil rights and limitation of power, aims at the establishment of a sound and perfect legal system and its enforcement. It features the rightness of procedure and neutrality.The nature of managing the university according to law lies in democracy and rule of law. The kinds of law we should abide by include the constitution, laws, rules, regulations and related state and university policies, and they must be rightful, practicable and valid. The subordinate laws we abide by should not violate the super ordinate ones and all the laws and regulations should conform to the constitution. As for the management of the university, it has all the staff and students as its subject rather than the object. This is the fundamental difference between rule of law and rule of man. The nature of management lies in science and democracy. The rich connotation of rule of law gives us enlightenment that managing the university according to law should not be simplified into law-abiding and perfection of the rules and regulations of a university, not to mention misusing it as a dignified tool and excuse for controlling and punishing the teachers and students. The logic of managing the university according to law tells us that the first and foremost thing to do is to curb the authority and power by relying on and carrying on democracy, i.e. to restrict power by rights.Managing the university according to law is an important methodology of enhancing the administrative ability. It is at once imperative and practical. Focusing on the current state of affairs such as lack of laws to abide by, lack of internal democracy , the conflict between power and rights, rough and backward administrative modes and methods, we should center on smoothing and putting in order the relationships, regulating and restricting power, protecting legal rights and promoting our work efficiency. Only in this way can we advance the process of democratizing, legalizing and scientizing the management of the university and accomplish the university's sublime mission of spreading knowledge and civilization and exploring the future.