Study On Legal Protection Of Academic Freedom In Universities

Academic freedom is the core of university spirit, which is the necessary premiseof academic innovation，and is the main embodiment of university core values. Thevalue concept of academic freedom as a basic study by university of various countriesand pursuit has attracted much attention of academic freedom in the United States, andthrough repeated struggles in the history of the development of higher education andrepeated test，it has gradually formed the laws and regulations and the relevantguarantee system of university system. This article obtains from the legal Angle tostudy the guarantee of academic freedom in the United States, have certain theoreticaland practical significance, thus the process of rule of law could guarantee the academicfreedom in universities in China and can provide an effective reference.System at home and abroad of study content mainly affected by the culture, societyand people’s livelihood; academic tradition, inheritance and the evolution of academicfreedom as clue, analyzes the inner demands to the development of the academicfreedom in American colleges and universities and the external environment, but is notthe main focus in terms of the interpretation of the law system. In this paper, the mainresearch of academic freedom in American universities in the content of the rule of law,safeguard the legal system of the university academic freedom and institutional system,and on the structure of the evolution of rights in academic freedom of colleges anduniversities in the United States for the classics, judicial precedent, comprehensivelyreviewed the judicial precedent in the development of higher education in the UnitedStates to protect academic freedom.Academic freedom in higher education in the United States on the evolution of thelegal system, which has established the legal system of the university in academicfreedom. First is the legislation safeguard, the federal constitution and federal highereducation for academic freedom protected a series of laws. Followed by judicialsafeguard, through the court precedents which was set up on the rules of the legalconnotation and expression of academic freedom and power, to realize legal protectionof academic freedom rights, including the United States in the first case of academicfreedom, the Erie, etc in understanding the legal system advancement of academicfreedom in the United States. It has revealed the legal content of the academic freedom with great significance. Moreover，the institutional guarantee, such as the Americanassociation of university professors AAUP, association in expressing reasonabledemands, plays a very important role in maintain the legitimate rights and interests. Thetenure system is a kind of occupational safety as to protect the system of academicfreedom.The study of legal system will safeguard academic freedom in Americanuniversities. In terms of promoting the rule of law and the construction of the rule oflaw under the background of China, colleges and universities need to deepen reform inour country. The process of scientific development has certain guiding significance.First, to strengthen the construction of higher education laws and regulations, to providelegal safeguard for academic freedom, to further clarify the rights and obligationsbetween higher education main body. In reality, strengthen the implementation of thehigher education law in the work of the feasibility study. Second, by building thelifelong system, perfecting the system guarantee of the academic freedom. Through theschool can improve university governance structure, to achieve "to the town," return touniversity. Third, attaches great importance to the construction of the articles ofassociation of the university, to standardize the administrative power and academicfreedom. Fourth, through the school, improve university governance structure,implementation “to the town”,return to university.Academic legitation can guarantee the development of higher education in theUnited States, which has been a very important role in the long river and thedevelopment in the history of American higher education is a guarantee of academicfreedom in American higher education history. Legalization process of Chinese highereducation in the early stages of development, because this is in reference to the freedomof the higher education in the United States, which is based on the study of legal systemsafeguard for the guarantee of academic freedom in colleges and universities in China.It has put forward a constructive suggestion that the road to perfect our country’s highereducation legal system has a positive and far-reaching significance.