A Brief Analysis On The Limitation Of The University Autonomy

In this paper, the limitation of the University Autonomy is discussed from the contradiction between University Autonomy and judicial review. In the first place, the origin and development of the’University Autonomy’are introduced. The author tries to revert the true visage of this foreign concept from an ideal level and tries to clarify the significance of the University Autonomy towards the growth of the western universities. Secondly, the current situation of the University Autonomy in our country is generalized as well. The author tries to analyze the meaning of the University Autonomy towards the universities in China. If this western oriented concept is unnecessary for the construction of our universities, we do not need to follow it blindly no matter how mature the theory has been developed. Nevertheless, if the University Autonomy is one of the preconditions for a well-developed university, we need to overcome the problems and embed this concept in the systems of the universities. According to the dissertation, the author states that even though the University Autonomy is necessary, it is not omnipotent. Regarding the University Autonomy, the judicial review has a double significance. It can be regarded as a limitation for the probability of autonomy’s abusing. It can also be reviewed as the protection of the over intervention from the administration regarding the fairs within the University Autonomy. Thirdly, the author uses the theories like Extra Power Relation, Partial Society, Contract Education, etc. to discuss the relationship between universities and students within the legal frame, in the hope that the interactive boundaries between the self-governing universities and judicial reviews could be defined. Moreover, according to the analysis of the theories like Pubic Legal Personality, the Third Sector, the Organization Theory, Autonomous Institution, Public Enterprise and the combination of the current situation of our country, the author tries to solve the problem about how to solve the technique questions when the University Autonomy related dissentions is imported to the judicial review and the dissentions should be solved in the field of private law or public law. In the end, the author will use the conclusions from the discussions above to solve the proposed questions in the beginning and give some suggestions about how to improve the established law about the University Autonomy.