Building a modern university system with Chinese characteristics，Rule the school according to law，Form self-supervision、The self-disciplined development mechanism is the way for my country’s universities to improve their management level、Important tasks facing the creation of high-level universities。In recent years，Many universities in our country are increasingly realizing that formulating university charters is important for strengthening the construction of modern university systems、The importance of promoting school management according to law，Relevant research on university charters has been increasing as a result。But judging from the reality of the formulation and implementation of university charter，The construction of university charters in our country is still quite weak，Most universities have not yet formulated charters，Even universities that have formulated charters have unscientific contents to varying degrees、The procedure is illegal、Problems such as poor implementation。Generally，There are either no universities in our country“Chapter”You can follow, or there is“Chapter”Difficult，Find out the reason，Existing technical issues，The more important issues are management system, policy and legal issues。Foreign countries, especially Western higher education developed countries, attach great importance to the construction of university charters，And strictly abide by it“First there are charters, then there’s the university”’s school tradition，Ensure that the charter is effectively implemented in the process of running the university“Constitution”9723_9726，Has accumulated rich and mature experience in university charter construction。This article aims to learn from the experience of other countries，Provide useful inspiration for the construction of university charters in our country。
(2) The historical origin of foreign university charters
The emergence of foreign university charters can be traced back to the Middle Ages。The king or pope at that time issued a charter to the university，Recognize and grant a certain degree of autonomy to universities，Allow universities to offer their own courses、Hiring teachers、Develop academic standards, etc.。Pope Gregor IX1231Restrictions on the powers of the Bishop of Paris，A series of charters recognizing the university’s right to trial and strike，Medieval“Magna Carta”，Give universities a certain degree of self-management power in a statutory form，Thus legitimizing the university’s right to autonomy in academic and administrative matters。The form and content of these charters or charters have the basic characteristics of modern university charters。①
Afterwards，The charters of universities in some Western countries are based on the charters of medieval universities。Oxford University and Cambridge University respectively1254Nianhe1318Received papal bull in year，And received various charters from the royal family in the subsequent development process；Modern British universities such as the University of Liverpool also became official universities after receiving royal charter，And obtain corresponding legal rights and interests。②Same，An American university that originated from colonial colleges，Its original legitimacy also originated from the charter issued by the authority (the British royal family or the colonial parliament)。③These charters do more than just connect countries、The link between the education legislation of the church or the colonial government and the autonomy of the university，And it was the main form of education legislation at that time，is the main carrier of education law。Strictly speaking，University charter and education legislation are still in a mixed state，Not yet independent。But the colonial college’s charter is in force、The specific content has already involved the internal management of the university，Become the legal channel for communication between the government and the university，This is also the basic characteristic of modern university charters，The modern university charter is developed and evolved on this basis。
With the progress of society and the development of higher education，Modern Western university charters have broken away from being mixed with national or local government education regulations，Become the general guideline for university self-governance。Some scholars believe，The beginning of the true modern university charter，The flag is1819The famous Dartmouth College v. Woodward case。Previous University Charter，No matter whether the parliament passes it，King、Whether it is promulgated by the church，Always given to the university in a top-down manner。Although British and American universities have their own internal regulations (by-law) and issue command、The power to form order，But the fundamental affairs are controlled by the charter，And the sovereign has the legal power to change or ignore the provisions of the charter at will。Until after Dartmouth College v. Woodward，A university charter can truly achieve independence，High-power public powers no longer have the opportunity to interfere with the university charter，The charters and internal regulations independently formulated by the university are also protected by law，The university charter is thus combined with the fullest university autonomy。④Modern university charters are generally formulated by the university’s authority (usually the university’s board of directors) based on the charter established by the university and national or local government education laws and regulations。such as UK，Under common law，There are two basic documents for the establishment of public universities: one is calledThe University OrdinanceCan be translated as“University Regulations”, which was approved by the legislative body of the university“Charter”，Mainly stipulates the goals of the university、The establishment of various rights management organizations of the university as a legal person、Composition of top executive positions, etc.；The second file is calledStatute of The University,Can be translated as“University Charter”,It is the specification details under the first document,Specifies the establishment of various committees within various levels of institutions、Rights and functions、Degree settings, etc.。⑤
2. Review of the core features of foreign university charters
w88 online casinoAlthough due to the cultural traditions of various countries、Differences in customs and legal systems，Foreign universities have different charters，But after all, running a school has its own inherent laws，As the general outline of university governance，“Articles”still has many core elements in common。The following summarizes the core features of university charters in Western countries，In order to provide some inspiration for the construction of university charters in our country。
(2) Clarify the legal status of the university.
The University Charter is the charter of university autonomy。In order to enable colleges and universities to truly have autonomy in running schools，The common practice in Western developed countries is to establish the independent status of higher education institutions through legislation。Section 1 of the Preface to the Oxford University Statutes“Legal status of the university”Let’s put it clearly and clearly that Oxford University is“Self-managed scholar society”，Establishes the legal person status of the university and the legal validity of the university charter。American universities are highly autonomous legal entities，The federal government has no right to interfere with the internal affairs of the university，The nature of a university cannot be clearly defined in law。The University Charter legally establishes the legal person status of the University and fundamentally establishes the University’s management and operation system。As provided in the Cornell University Charter，Cornell University is an educational society organized and existing under the relevant laws of the State of New York，Clarified the school’s corporate status and non-profit status，And established the university’s management system，This becomes the legal basis for the operation of the university。
(3) Clarify the relationship between the university, the government, and society.
Confirmation of the University’s Legal Status，The legal relationship between the government and the university has also been further clarified，Thus institutionalizing the scope and methods of government participation in university management。Mentioned in the University Charter of the University of Virginia，The federal government’s education department is not the administrative department that oversees education nationwide，It is a consulting organization that provides services to the national education system。Mentioned in the University Charter of the University of Bochum, Germany，The "General Law on Higher Education" is the main basis for university management，The federal government does not directly manage universities，Its main responsibilities are，Provide basic construction funds for universities，Provide funding for university research，Providing loans or subsidies to students，Formulate general regulations on higher education, etc.。The University of Hamburg in Germany is stated in the university charter，The social status is equivalent to a national institution at the state level，It is a legal group recognized by the state that enjoys the right of autonomy。British universities and the government are a partnership，The university attaches great importance to providing advice to the government，And the government ensures the normal operation of universities of all levels and types through legislation and various policy documents。The same is true for the federal and state governments in the United States。The German higher education system is characterized by public ownership，State governments run the vast majority of colleges and universities，Therefore, Germany has relatively strong control over universities，The German federal government generally does not directly manage universities，Because most of the funding for German universities comes from the state government，So it is generally managed by the relevant departments of the state government，But the state government does not interfere in the specific internal issues of the university。The relationship between the university and the government is generally reflected in the university charter。
University is not“Ivory Tower”，It was born in the soil of society and is inextricably linked to society。
Provisions in the University Charter regarding the ways and means for social groups or individuals to participate in university affairs，With University“Basic Law”form of legalizing social participation in university affairs，This is mainly reflected in the fact that the university has established a board of directors system composed mainly of outsiders。The power of the board of directors has become a basic aspect that distinguishes the American university system from the university systems in other countries。The Board of Directors is strengthening the relationship between the university and society、Played an active role as a bridge and link in reflecting the requirements of all sectors of society，This prevents the school from becoming completely divorced from the needs of social development and completely controlled by scholars“Ivory Tower”Phenomenon. The charter of Yale University stipulates that among the members of the corporate body are3named ex-officio member，They are the president of Yale University、Governor and Lieutenant Governor of Connecticut；At the same time, the charter stipulates，Except for university legal representative，The school has a responsible person for the City of New Haven、Vice Chancellor for State Affairs and School Development，His responsibility is to handle the relationship between the school district and the state government in accordance with the authorization of the principal、Coordinate the school’s initiative in New Haven。Cornell University Charter also stipulates，Governor of New York、The Speakers of the Senate and House of Representatives of the State Assembly and the President of the University are4Ex-officio directors; it is also required that there are ordinary directors2Agriculture from New York State、Business and Labor Department。Government officials and social figures participate in school legal entities，Conducive to handling the relationship between the school, the government and all aspects of society。The composition of the board of directors of each university、The size is different，Most of the members are celebrities who care about school operations，For example, people from the industrial and commercial circles、Philanthropists and retired government officials, etc.，When hiring, more attention is usually paid to the economic impact，Members also include alumni representatives、Teacher representatives and student representatives, etc.。Social participation in university affairs is not only a tradition in w88 casinoAmerican universities，It is also the need and trend for the joint development of universities and society。In accordance with the University Charter，Both the society participates in university affairs and the university accepts commissions or gifts from the society“法”It can be relied upon to ensure the coordinated development of the university and society.
(4) Clearly stipulate the internal management system of the university.
First，The University Charter stipulates the board of directors system for university management。The board of directors is the highest decision-making and review body of the school，The powers exercised are decisive and macro-guiding。The Charter of the University of Chicago clearly stipulates，The Board of Trustees has the highest decision-making power of the university，The president of the university is responsible to the board of directors，And implement board decisions。The university charter has clear provisions on how board members are elected。Harvard University stipulates in the University Charter，The Board of Directors is the highest decision-making body of the university，Additional new directors must be elected and negotiated by the existing directors。The university charters of Harvard and Yale University clearly stipulate the number of external directors on their boards of directors、How to generate and how to participate in university management and authority。The Rector System at the University of Regensburg，Is the executive agency of management，The board of directors is the decision-making body of management。The University of Edinburgh’s University Charter mentions that the University is legally independent，The University Board of Trustees ensures the governance of the University，And plan for future development，The Board of Trustees has full responsibility for all internal affairs of the University。The British university governance body is the highest authority of the university，Use more“Bicameralism”structure，i.e. Advisory Committee and Board of Directors。Advisory committees are generally large，Play more of a decision-making advisory role，The board of directors plays more of a discussion and decision-making role。The two names are not exactly the same in various universities in the UK，Some universities do not have advisory committees，But almost all British university charters stipulate the establishment of a council as the university’s decision-making body，It is also called the school board of directors。
Secondly，The university charter stipulates the internal management system。The internal management system of American universities implements the president’s responsibility system under the leadership of the board of directors。The principal is the highest administrative person in charge of the school，Responsible for running the school、Full responsibility for development。Some universities in Germany implement the chairman system，But their functions are the same，It is to make the internal management of the university more effective，Make the university more institutionalized and organized，This is reflected in the different national conditions of each country。Generally speaking，University Charter，The board of directors does not manage specific day-to-day administrative matters，The policies and guidelines formulated are implemented by the principal。That is, the board of directors takes care of big things，The principal is in charge of specific affairs。Also，The management of American universities attaches great importance to the role of professors，The school’s decision-making body、Important management institutions have recruited professors to join。This can also be clearly seen from the charter of American universities。As provided in the Yale University Charter，“Tenured professors in each college are also administrators，Them and the principal、Provost、The deans form a lifelong staff council。The Council is the governing body of the College，Processing related education policies、College management matters”。
(5) Specifies the rights and responsibilities of the university president.
The president is the academic and administrative chief executive officer of the university，is the main person in charge of the academic field of the university，is the individual with the highest authority in university governance。The University of Texas Charter stipulates that the president has the greatest power within the university。Statutes of the University of Bonn，The school implements the principal responsibility system，The president is elected from among the full professors by the University Faculty Congress。The duties of the Rector of RWTH Aachen University are statutory，The principal is the chairman of the school representative assembly and the school senate，Power to convene and chair meetings of these two bodies，Can make necessary decisions and take necessary measures for the school authorities on urgent matters。German university presidents play a soul role in universities，Its status is very important。In the provisions of each country’s university charter，The term of a university president is generally about four years，But except in the United States，American university presidents serve longer，Even tenured。Sometimes university presidents or even celebrities，Is the image representative of the university，Use his celebrity effect to attract more talents to his university，Extract more funds from society。
(6) Clarify the source of school funds.
The source of school funds determines the nature and development goals of the university，It is a content that is highlighted in the charters of universities in various countries。Provided in the University Charter of the University of California, Berkeley，Part of the funds for the university must be borne by the state government，In addition，Funding sources also include from the federal government、Tuition fee、Donations, etc.；The German Federal Post College stipulates that university funding is mainly provided by the state finance (federal finance)，Instead of being supported by other private financial channels；The University of Wales grant is appointed by the Minister of Finance“University Grants Committee”Decided；UCL’s school funding mainly comes from the British government or EU governments and four foundations, as well as tuition fees，Can also be raised through various private channels。Queen Mary University of London and Westfield College are mentioned in their charters，Receive and manage allowances、Order、Donate、Donated Fund、Heritage、Gifts and loans of any property，Whether it is physical or personal，Fund as endowment，Trustee of Estates and Gifts，Based on relevant laws and regulations，Any form of assets can be invested for the use of the college；Under the Charter，Can raise funds w88 casinoin any form，And manage their own affairs as a natural legal person，Can sign any agreement，Accept all obligations and responsibilities。Judging from the provisions of each university’s charter，The more stable source of university funds is still government funding，But with the development of society，The sources of funds have become more and more diverse，Except tuition，The sources of donations and other private channels are increasingly legalized。Where do the funds come from，Where will it be used，Clear regulations，Conducive to the management of school assetsManagement and use，Make clearer the use and distribution of university property。
(7) Provisions on student rights and related matters.
According to stakeholder theory，Students are one of the most important stakeholders of the university，Therefore, university charters in various countries have clear provisions on student affairs and related rights protection，Is an important part of the charter of foreign universities。Cornell University Charter，56Of the Board Directors2Directors are elected by the student body of the school’s Ithaca campus，Each two-year term，Choose at least every year1Name. The Cornell University Charter also specifically stipulates“Student Life Committee”Responsibilities: Provide evaluation of long-term plans for departments such as Student Affairs (where appropriate)；Review University policies related to student health and welfare；Comments on university policies related to student residence；Review university policies related to students’ extracurricular activities，Including intra-school or inter-school sports games；Review University policies related to the development and support of the student community，Includes student government；Comment on other major university policies and matters related to non-purely academic student experience。The Michigan State University Charter also has a dedicated chapter，Provides the relationship between the school board and students: The school board provides equal educational opportunity to qualified students from Michigan and other states or countries，The school board authorizes the principal to hear and resolve important student complaints。
(8) Specifies the procedure for amending the charter.
Amendment of the Articles of Association is an essential part of the Articles of Association。The revision procedures are placed at the end of university charters in various countries。The revision of the university charter also requires the corresponding number of people and legal provisions based on the regulations，Reflects the University Charter once implemented，You can’t change the order from day to day，should have a relatively stable and authoritative position。These once again emphasize the importance of the legal effect of university charter。Yale University Charter61Regulations，Changes to this Charter、Revised、Repeal or replace with new charter，Required to be present at a board meeting or special meeting2/3Only subject to member voting，But about the charter revision、Abolition、Proposals for additions or substitutions must be notified to members at least thirty days before the meeting or by email。Chapter 25 of the Cornell University Charter，As long as a majority of directors are present at the same time and vote in favor or thirty unanimous votes，These regulations are available at any board meetingModified。However, board members must be notified at least five days before the meeting，And submit the content to be modified。
8. Standards for the form of articles of association，The content is highly operable，Ensure legal validity。
In order to ensure the legal effectiveness of the charter，Many Western universities formulate charters in strict accordance with legal regulations，The university charter has obvious legal features。For example, Oxford University explains the terms and provisions used in the University Charter and explains the scope of application，To avoid disputes。Last Chapter“Resolution of disputes regarding the interpretation or application of University Charter and Regulations”Improving the dispute resolution system，Establish measures such as litigation and reconsideration in accordance with legal requirements，Becomes the key to Oxford University’s rare legal disputes related to university effectiveness。The University Charter of Murdoch University, Australia23Terms—The definition of student misconduct in school discipline is divided4Article, and only Article1items“The following activities may constitute student misconduct”, listed again15These situations are about“Inappropriate conduct”’s clear regulations provide detailed and reliable legal basis for college management students，Used to judge the appropriateness of student behavior，And based on the type and degree of inappropriate behavior，To take varying degrees of punitive measures against students。Therefore，Reduces disputes between managers and managed，Really realized“There are rules to follow”。
3. The inspiration of foreign university charter construction to our country
(1) Attention must be paid to and the formulation of university charters must be accelerated.
What the practice of formulating foreign university charters tells us，Universities must operate in accordance with the law、There are rules to follow。With complete university charter，Conducive to the operation and development of the university，Conducive to protecting the interests of the school and its members from infringement，At the same time avoid unnecessary legal disputes。At the same time，Only those who pay attention to the construction of university charter，Only in universities can we learn the foundation，Create a profound connotation。1995The Education Law promulgated in 2017 and199865302_65313，Explicitly requires schools to have charters，This has raised people’s awareness of the importance of school charters to a certain extent，But to this day，The vast majority of colleges and universities across the country still have not formulated school charters。The school has no charter，Make running the school according to law an empty talk，And it is not conducive to the establishment of a modern university system，It is even more inconsistent with the common practice of international higher education。Therefore, it is necessary to speed up the formulation of university charters in our country，Change many schools as soon as possible“Running a school without rules”'s situation.
(2) When formulating university charter, the school’s leadership system must be clearly defined。
The university’s educational goals、Development goals、Main tasks, etc.，It is an important content stipulated in the charter of foreign universities，There are also a lot of regulations about the school’s internal management system，Specially w88 casinothe responsibilities of the school board and principal、Permissions stipulated。Currently, our country’s colleges and universities implement the leadership system of principal responsibility system under the leadership of the party committee，That is, the school party committee (or party committee standing committee) is the highest decision-making body of the school，The principal is the highest administrative person in charge of the school，The principal performs his duties、The main form of authority is the principal’s office meeting or the school board。Therefore，The purpose of running schools in my country’s university charter、Development goals、While stipulating the main tasks, etc.，It should be based on our country’s national conditions and school conditions，Clearly stipulate the school party committee (or party committee standing committee)、The principal’s office meeting (or school committee) and party committee secretary、The principal’s responsibilities in school development and management、Permissions，Clearly stipulate the status and role of the party committee secretary in the school party committee (or party committee standing committee)，The principal’s status and role in the principal’s office meeting (or school board)。With this，Further will“Party committee leadership, principal responsibility, professor scholarship, democratic management”Implement it into practice, and standardize and institutionalize it.
(3) The establishment of university charter must define the mechanism and rights of professors to conduct research。
Foreign universities attach great importance to the role of professors in the school management process，Many important governing bodies of the school、Many important decisions require the participation of professor representatives，Specially in academic management，Professors play a decisive role。Compare，The power of university professors in our country to participate in school management and influence school decision-making is obviously insufficient。The main reason for this situation is that our universities lack the mechanism and environment to give full play to the important role of professors in running schools。Long time，my country’s universities have formed a situation in which administrative power restricts academic power，It is difficult for university professors to truly participate in school management，Including professors in academic management, they don’t have much say。This is against the nature and laws of the university，It is also one of the main obstacles currently in building high-level universities and world-class universities。University is an academic community，my country’s university charters should clarify and establish a mechanism for professors to participate in school management，Clear the important management organizations of the school、Important decisions should involve professor representatives，In particular, it should be clear that professors are the exercisers of academic power，Play a leading role in academic management。Standardize the subjects and authorities of academic management and administrative management from the basic system design。
(4) The rights and obligations between the organizer and the school must be clearly defined in the formulation of university charter。
Our country must establish a modern university system，Need a good external environment，In particular, the relationship between the government and universities needs to be further straightened out，Making universities a society-oriented entity that runs its own education in accordance with the law。Universities are the main body in carrying out teaching and scientific research activities，Should exercise its autonomy independently，The government’s scope of responsibilities is mainly to provide guidance to universities、Policy、Evaluate legal regulations and conduct macro management，It should not interfere with the authority of the sponsor。Therefore，my country’s university charters should clarify the responsibilities and scope of responsibilities of universities as independent legal persons，At the same time, it is stipulated that the development of all school activities must accept the macro-control and management of the government，Comply with national education laws and regulations。my country’s university charters should also pay attention to the provisions on students and alumni。Foreign university charters attach great importance to the protection of students’ legitimate rights and interests，Value students’ participation in school management，Many important governing bodies of the school attract students to join，Emphasize their sense of ownership and equal subject status。Universities in our country pay more attention to the management of students，But students are more often regarded as objects of passive management and requirements，Protection of students’ legitimate rights and interests，In particular, the protection of students’ rights and interests in participating in school management is relatively lacking。Therefore，The authority of students to participate in school management should be clarified and detailed through the formulation of school charter，Especially for major issues involving students’ own interests，Students should have greater say and decision-making power，Also，The resources and power of alumni cannot be ignored，Chinese universities should pay more attention to the development and utilization of alumni resources and the maintenance and protection of alumni rights and interests，And confirmed through the school charter。
According to network search, currently my country2000The only one among many universities that has published its university charter60Multiple, accounting for the total number of universities3%, if adult colleges and universities are included, there will probably be only2%。⑥Even if the university charter has been announced，There is also a general lack of quantitative regulations、Unclear、Bad content question。Many provisions are directly copied from the Higher Education Law，without specific details。For example, how to determine the scale of a school、Discipline、How to carry out professional adjustments, etc.，There are no specific operational regulations on how to define major matters。Compared with Western University Charter，It can be said that the gap is still very big，Flaws abound。The University Charter serves as the University Constitution，It is a system of systems。Due to its absence，The internal management system of the university is naturally given more administrative colors，Mostly subjective and arbitrary，Becoming an obstacle to the construction of a modern university system，If things continue like this，Will definitely widen the distance between Chinese universities and world-class universities。w88 casino gamesHope that as China’s reform, opening up and institutional changes intensify，The construction of university charter can keep pace with the times，Achieve greater breakthroughs。
（Wang Jinghong National Institute of Educational Administration）
