Legal Research Of Government Regulating Educational Institutions Under The Perspective Of Due Process

With the continuous development of society, The University status and function increasingly amplified in modern society. It become important and difficult question, that how to adjust the relationship between universities and the government in many educators need to face and deal with the issue. In common law countries, its legal system is quite perfect, the Government regulate their university mainly through the proper procedures and substantive law in order to protect the university's educational autonomy, but china is belonged to civil law, the traditional concept has been in law circle, which more emphasize substantive law than civil law, the relationship between government and universities is subordinate executive relationship, the government regulate the university mainly through substantive law, but ignores the important of due process.This paper argues that the government really make effective procedures to respect and protect the rights of the University. Legalization requirements that the government is the limited government, this clearly require the Government's statutory powers and responsibilities, and role of Government:The Government's role in higher education management is not a direct leader, but should be a planner and coordinator; the government's management of higher education should not be the direct management, but from administrative means to shift to indirect management, and regulate educational conduct and activities mainly through the education law; the management relations between government and university should also turned from administrative relations in the past to legal relations and service relationships. Therefore, the innovation of this paper lies in the concept and principles, which due process be applied to the management of the government to universities, and try to build universities government management model of due process of law.The first chapter fit of the government management of University with the theory of due process by laid the logic thinking, which laid theoretical basis and the full text of tone. First, introduce a system origins of due process, due process originated in the United Kingdom, be introduced to the United States and loaded the U.S. Constitution, began to pass the Civil Law in 19th century. Second, the chapter introduces the legal management system of the Government and the University. After the founding of new China, the Government management of the University is from none educational laws to a few laws, and finally to multiple laws, these laws are not compatible in own region, and not compatible with the Administrative Law, Administrative Procedure Law. The more serious is that the Education laws are not compatible with Statutory Crime nature, which could hardly social development. Finally, the chapter proves that the government management of University need the due process from the logical thinking. Because the due process can achieve a just, fair society system, and the due process can also be arbitrary restrictions to prevent abuse of power and democratic participation.This chapter start from a realistic point of view. Firstly, the writer introduced some controversial cases in our recent spate, which is about government management of universities appear, Xuzhou Normal University professor teacher's strike of 2008 events, and the same year in April, Shaanxi Province, Northwest University of Political Science appealing administrative reconsideration. Secondly, the writer analysis the reasons of the government management of the university, which violated due process reasons. For example:the traditional sense of "emphasizing substantive law, despising procedures law", the variation and different power of laws.This chapter is designed a system model how the government management university comply with due process. The writer introduce three management process of University:decision-making process, implementation procedures, monitoring procedures, Finally, introduce the government management University's relief program, that when the government infringe the university's right, the university is how to safeguard their rights by the laws.