Research On The Construction Of University Charter From The Perspective Of Governing Schools By Law

The status of the university charter in the university governance system is similar to the status of the constitution in the national legal system.It is the highest program of the university’s internal governance,an important guarantee for the university’s construction of the rule of law,and the fundamental compliance of the university’s realization of the rule of law.The construction of the charter is an important link in the construction of the rule of law in colleges and universities,and an important guarantee for the realization of the rule of law in college governance.In order to realize the goal of legalization of university governance,the nature of the university charter must be sorted out and clarified.First of all,although the university charter conforms to the desirability and self-involvement of a contract,it is not formed through negotiation between equal subjects and does not conform to the characteristics of a contract;moreover,the university charter does not belong to the legal category,so it is neither an autonomous law nor a public law.It has a certain soft law nature and is closer to an administrative normative document.In addition,the university constitution needs to condense the university spirit,and make the spirit of the rule of law,freedom and co-governance become the basic spirit of the university constitution,and provide spiritual support for the construction of the university constitution.Governing schools by law is the specific implementation of the strategy of comprehensively promoting the rule of law in the field of higher education,and it is also an important part of governing education by law.Governing the school according to the law requires adhering to the principal responsibility system under the leadership of the party committee in accordance with the constitution of the university,implementing the party’s overall leadership over the work of governing the school according to law,and establishing an internal governance system for colleges and universities featuring "leadership by the party committee,responsibility by the principal,professors’ academic governance,and multi-level co-governance".The construction of the university constitution and the law-based governance of the university complement each other.On the one hand,governing the university according to the law is an inevitable requirement for the construction of the university charter,which provides escort for the construction of the charter;on the other hand,the construction of the university charter is an important cornerstone for the realization of the goal of running the university according to law,and lays an institutional foundation for promoting the construction of the rule of law in universities.The construction of the university charter has a long way to go.It is a systematic project with a long construction period and strict procedures.As far as the current status of formulation and implementation of university charter construction at this stage is concerned,the initial goal of "one charter for one school" has been achieved,but the implementation of the charter has not really "implemented",and there are still teachers and students in the charter construction.Insufficient protection of rights to participate in university governance and lack of monitoring and evaluation mechanisms.We need to analyze the problem and find the cause,and make suggestions for the high-quality development of the charter.The development of colleges and universities requires the university charter to keep pace with the times,and to realize the reconstruction of the charter through the revision of the charter.In this paper,through the text and data analysis of the relevant provisions of the charter of 42 world-class universities that are representative of the construction of the charter of the world-class universities,the principles of the amendment of the charter(the principle of legality,the principle of reasonableness and the principle of procedural justice),the starting subject,starting conditions and starting procedures,etc.,put forward suggestions on the revision of the charter,try to standardize the revision of the university charter,make it abide by the statutory principles and procedures,and promote the re-construction of the university charter,in order to achieve the goal of scientific,sustainable and healthy development of the charter.The modernization of the academic governance system and governance capacity requires the realization of the rule of law in university governance.Promoting the modernization of university governance requires the coordinated efforts of government departments,schools and colleges.That is,government departments in charge of education need to establish a rule of law thinking,transform their own functions,clarify their own guiding and assisting roles,and further implement the autonomy of universities in running schools;schools should protect the rights of teachers and students to participate in university governance,vigorously promote the construction of the rule of law in universities,and establish and improve regulations.Implement the monitoring and evaluation mechanism;as a grass-roots organization within the university,the college should seriously consider the formulation of the college charter based on its own actual situation,and achieve connection and coordination with the university charter,so as to straighten out the two-level governance system of the university and truly realize university governance Legalization.