The Legal Status Of China's Colleges And Universities

In educational field, general legislation system implemented now in China has not stipulated the law status of the higher-education institutions in a clear way. The institutions themselves have not been definite with their rights and obligations while they have been more puzzled about the rights and obligations with their relavent subjects. So many disputes can not be well solved because of the indefinition of legislation. What's worse, some rights even can not be carried out with remedy. Besides, the status of the institutions is usually on a administration level more than a level based on equal rights. It has turned out that a lot of disputes with colleges can only be solved through administrative proceedings. As the auther concerned, there should be a contractual relationship between the higher-education institutions and the relevant interest groups. At first, it would be better to be definite to the qualification of legal personality, meanwhile, we have to admit the feasible rewards of those investors. At second, diminish the power of the institution, then expand the range of the rights of students and teachers .At last, we'd better deal with the relationship between the institutions and the teachers, students in civil way . This article have five Chapters.Chapter one: the essence of university and the aim of value at higher education legality, further discussion about the essence of high school help establish the objection of value at higher education legality . the essence of university is seeking and transmitting truth .pursuing truth is the inner logic of university, the inner power against external pressure and resistance with which to develop constantly, so there is many activities in university have non profit, they always have world wide scopes ,which go beyond country utility and have great responsibility, the essential characteristic of university determines the aim of value that the education pursues and embodies commonweal.Chapter two:higher school legal personality. The essence of the higher school and the aim of value determine the characteristic and features of the higher school legal personality. The discussion of legal personality qualification is probing into itself, which providing proofs for study of the relationship between the higher school and the relavent subjects (investor, students and teachers). According to our...