Formulation of university charters is not only the law of our country(such as "Education Law of the People's Republic of China" and "Higher Education Law of the People's Republic of China")The basic requirements for establishing higher education institutions are also an important part of the construction of a modern university system for higher education institutions in my country in the new era. The United States is a developed country in higher education and has been developed for more than three hundred years.

1. Historical origin of American University Charter

The United States is a country ruled by law and the education and regulations system is very sound. The legislation on higher education in the United States involves all aspects of higher education and is very rich in content.

1, main contents of the charter

According to the medieval tradition of Europe, the charter of universities is generally issued by the Pope or by the king, not by the government.These charters grant universities a certain degree of self-management in legal form, thus legalizing the university's autonomy in academic and management. For example, the most prestigious universities in the UK, Oxford and Cambridge, respectively1254Year and1318In 8776_8835(British royal family or colonial parliament)Charter issued.

1636year,100Many Puritans from Britain established the first American colonial college on the banks of the Charles River in the Massachusetts Colonial North America——Harvard College(Harvard College, the predecessor of Harvard University). The founders of this private college tried to completely imitate the Emmanuel College of Cambridge in terms of curriculum and training methods, but in the management system of the college, they took a completely different path from the traditional European university autonomy model.1642, the seventh year after the establishment of Harvard College, was approved by the Massachusetts Parliament, and the first board of directors in the history of higher education in the world was established in the institute. Board of Directors by6Local officials including the director, deputy director, secretary of the treasury, district magistrate and6Masters are composed of famous pastors, with important powers such as appointing and removing the principal, raising funds, and managing the assets of the college.1650In 10339, the Massachusetts Congress issued a charter for Harvard College, stipulating that Harvard College implements a bicameral system(the Dual Board SYstem)Management system. Under the charter[1], Harvard College has established a committee of the academy outside the board of directors, with the president,5Teachers and1Talented Manager(Treasurer)Composition. These members are residents of Massachusetts Bay.(1693), Yale College(1701), New Jersey College(1746), Pennsylvania College(1751), King's College(1754), Rhode Island College(1764), Latgos College(1766)and Dartmouth College(1769)and other colleges have been established one after another. In addition to Harvard College, the most influential ones are William and Mary College and Yale College.1693Intended by the British royal family in 1994[2], charter appointment of founder Blair(Tames Blair)is the lifelong dean of the college and also implements a two-care system in terms of management system. The idea of ​​establishing Yale College can be traced back to1640Era. until1701A charter for the establishment of the school(Yale Charter)[3], this idea can be realized. Given the drawbacks of bicameral system——Whether it is Harvard College or William and Mary College, there are mutual struggles and disputes between the two colleges. Therefore, Yale College has established only one board of directors and implemented a single board of directors(the SingleBoard System)Management system, all members of the board of directors are pastors of the Congregational Church(10名)Serve. In order to avoid the concentration of power in one person's hands, even the principal is not absorbed into the board of directors.(1896Officially renamed Princeton University)Charter stipulates that its board of directors shall not exceed23People, among them12People must be resident of New Jersey, the principal is a director[4]. The Dartmouth College charter stipulates[5], the board of directors of the college is the highest decision-making body of the college, and has the right to choose a successor director and manage the school's property on its own; the principal can choose the successor principal and personally be responsible for the school's daily administrative management work.

In addition to stating the composition of the college's management organization and its appointment and removal methods, the charter also stipulates the school's purpose and training goals. Colonial American higher education inherited the tradition of continental Europe, especially British colleges, and emphasized the purpose of serving religious interests.8Academies are all established for clear religious motives. Back then, a large number of Protestants on the w88 online sports bettingEuropean continent moved to North America to get rid of religious oppression and find a paradise to realize their religious beliefs.9The college masters and serves the interests of each sect for different sects. For example, Harvard College belongs to the Calvinism, William and Mary College, King’s College belongs to the Anglicanism, Yale College and Dartmouth College belongs to the Congregationalism, New Jersey College belongs to the Presbyterianism, Rhode Island College belongs to the Baptist Church,

2, the status and role of charter in the development of the college

The charter is an important guarantee for the college's legal status and plays a role in ensuring the healthy development of the college.

In the United States, its9The birth of the colonial college marked the beginning of the development of higher education in the United States, and it can also be regarded as the beginning of American higher education legislation. The authority of the charter issuing body ensures the legal effect of the charter, making the charter the legal basis for the establishment of the Colonial Academy.

1819年“Dartmouth case”is a famous case that reflects the legal status of the charter in the history of American higher education. The lawsuit was initially caused by differences in management issues within the college.1814In 1618, then-President John Wheelok(John Whee lock)After a dispute with the directors. Wheelok insists that he has the power to manage the college without being controlled by the board of directors; and the board of directors wants to play the power and role the board should have in the daily affairs of the college to show their authority by dismissing Wheelok.“Public”与“Private”is divided into two administrative systems.1819Year, the basis of the Supreme Court“Constitution”Article 10 Paragraph“State governments shall not break the contract by any regulations”regulations that rule that the state government's behavior does not comply with“Constitution”. This judgment further acknowledges the private nature of Dartmouth College and clarifies the legitimacy of Dartmouth College as a private institution.

The fundamental reason why the Dartmouth lawsuit was won is the charter system of the private college. The charter laid the legal basis for the existence of private universities: private institutions established based on the charter have an equal and independent contractual relationship with the government.

2. Analysis of the current status and factors of the charter of American universities

American universities generally have written university charters. The university charter is formulated by the university authority, inherits the education policies or laws and regulations of the state or state government, and initiates the internal management of the university, with:—A general outline for the management of the school with legal effect. It has become a program and rule for regulating the operation of a university because it has legal effect higher than that of a university and communicates laws and systems inside and outside the university.

1, Current Status of the University Charter

In terms of nature, today's American colleges and universities can be divided into two categories: private and public. Private institutions are composed of individuals and private groups(such as church or enterprise, etc.)Schools established; public institutions refer to schools established by the federal, state and local governments. Private universities are established before independence and after independence; public universities appear later than private universities150My years. After the founding of the People's Republic of China, and19In the first half of the century, some states successively established state universities.1862年“Morell Act”After the promulgation, dozens of land-gifted colleges and universities were established in the United States. Since then, public colleges and universities have flourished.

Whether it is a private or public university, it is generally powered by the university(Generally it is the board of directors)University charter formulated based on charters established by universities and educational laws and regulations issued by state or local governments. Due to the differences in historical factors and cultural traditions and the differences in the laws and regulations on which they are based, the effectiveness of the university charter is also different.(British royal family or colonial parliament)The charter issued, so the charter is one of the sources of the university charter that later became world-renowned private universities; for private universities established after the founding of the People's Republic of China, their establishment must be approved by the local state government, so these private universities are The effectiveness of the university charter originates from the relevant laws and regulations of the state; public universities are usually established by legislation by the state legislature, so the legal effect of the university charter generally originates from federal or state legislation.1863Michigan State University established in 2016(Michigan State University), based on“Morell Act”Article established by the state legislature[6], the legal origin of its constitution is the same as other land-gift colleges from the federal government“Morell Act”and the additional regulations of Congress. Built in1865Year of Cornell University(Cornell University), is a school“Public and Private Partnership”university, whose original university charter originated from the authorization of the New York State Legislature”[7]。

From the perspective of form, most of the university charters in the United States are compound university charters(that is, it consists of a general rule and one or several implementation rules), instead of a single university charter to control the entire university affairs. Because each university has different historical background, there are also great differences in the name of the university charter, which isCharter、BYlaws、Statutesand other different expressions. For example, the University of Chicago's university charter is byThe Certificate of lncorporation(Legal Person Certificate)、Bylaws、Statutesetc.[8]。The Certificate of Incorporationequivalent toCharter, mainly clarifying the legal status of the University of Chicago;BylawsThe composition of personnel including the board of directors(Including directors, chairman, vice chairman), Board of Directors Meetings, Committees(Among them more than a dozen committees, including the Executive Committee, the Financial Planning Committee, the Development and Alumni Relations Committee), Administrative personnel(Including the principal, provost, vice principal, secretary)and other content; inStatuteslisted20Multiple specific rules and regulations. Cornell University and the University of Michigan are general in generalCharterand specificBylawsComposition[9]. Cornell University CharterBYlawsSection includes25Chapter content: (1) General Provisions; (2) Board of Directors; (3) Management Committee of the Board of Directors; (4) Annual Audit; (5) Principal; (6) Vice President and Vice Provost; (7) Provost; (8) Vice President of Finance and Administration; (9) School legal person secretary; (10) University Legal Counsel; (11) Internal control mechanism; (12) University teacher; (13) College teacher; (14) Degree awarding; (15) Dean, Director and Other Academic Officials; (16) Teaching and scientific research personnel appointments and term of office; (17) Chair Professor; (18) Traffic and parking regulations; (19) Academic Consultation Conference; (20) Medical Center; (21) Security; (22) Conflict of interest; (23) Miscellaneous Regulations; (24)Equality of education and employment opportunities; (25) Modification method. Among them, the management committee includes the Standing Committee, Executive Committee, Academic Affairs Committee, Student Life Committee, Investment Committee, Audit Committee, Finance Committee, Government Relations Committee, Construction and Assets Committee, Board Membership Committee, Alumni Affairs and Development Committee,[10]. Through further analysis of the charters of other universities, it is not difficult to see that the form and structure of the charters of universities vary from school to school and are diverse.

2, Analysis of the elements of university charter

Looking at the university charter of American universities, although the university charter of different universities has different expressions and content composition, its basic content generally clarifies the university's concept, purpose, purpose or training goals, and stipulates the university's Name and campus address, internal management system, decision-making procedures for major matters of the university, rights and obligations between the organizer and the university, rights and obligations of the principal, appointment and management of teachers, teaching affairs, academic power of teachers, and degree granting

(1) Regulations on school functions, school management goals, development goals, and main tasks. The university's purpose, development goals, main tasks and other major issues related to the development of the school are important contents stipulated in the university's constitution.CharterSome regulations stipulate that the main task of the school is to promote the freedom and practical education of the school's industrial curriculum. The school mainly teaches subject knowledge related to agriculture and machinery, including military strategy, etc.[11]. Michigan State University stated in the preamble to its university charter that, as a government-given school, its responsibility is to provide free and practical education in agriculture, industry and other courses, preparing students for their academic and professional life[12]。

(2) Regulations on the internal management system of the school. First, the university charter stipulates the board system of university management.50People, elect new directors to succeed at the board of directors annual meeting, have been re-elected5期(One year in each issue)Directors; vacant director positions for any reason may be filled by the board of directors at any meeting; directors exceed70year-old, their director qualification will be automatically stopped after the annual meeting. Its charter also stipulates the selection criteria and responsibilities of honorary directors and honorary retirement directors for retaining titles.“Tenior professors of each college are also administrative staff, and they form a tenured staff council together with the president, provost and dean. The Council is the governing body of the college, dealing with matters related to education policies and college management[13]。

(3) Regulations on the relationship between schools and external ones. How to correctly handle the relationship between schools and externalities is the key to whether schools can operate normally and reflect autonomy.3Classic committee members, they are the president of Yale University, the governor of Connecticut and the deputy governor[14]; The charter also stipulates that in addition to the legal representative of the university, the school has a vice principal responsible for the affairs of the city and state governments and the development of the school. His responsibilities are to handle the relationship between the school district and the state government and coordinate the relationship between the school district and the state government according to the authorization of the principal. The school has the initiative in New Haven.[15]The Cornell University charter also stipulates that the governor of New York, the speakers of the Senate and House of Representatives, and the president of the university are4Absolute director; at the same time, it is also required that ordinary directors must have2Agriculture, business and labor departments from New York State. Government officials and social human and local participation in school legal entities is conducive to the handling of relationships between schools, government and society.19Among the legal person members“有6Famous alumni, elected by the alumni association according to regulations”，“The Alumni Association's goal is to serve Yale University and provide channels for alumni and schools to communicate with each other”[16]; Cornell University's constitution stipulates,56Among the board of directors8Election is elected by the alumni themselves, each with a term of four years, with at least one year2名[17]. At the same time, the university charter also stipulates the responsibilities and operations of the Alumni Affairs and Development Committee.

(4) Regulations on student rights and related matters. In the sense of law, students are citizens who obtain academic qualifications and receive education in schools and other educational institutions established in accordance with the law.56There are among the board of directors2The directors are from the school Ithaca(Ithaca)Election of student groups on campus, each term of office is two years, and at least elected each year1name. As an institution that specializes in implementing educational and teaching activities, schools have important responsibilities in protecting students' rights and interests. Therefore, the constitutions of American universities pay more attention to the provisions of students' legitimate rights and interests.“Student Life Committee”Responsibilities: For the Student Affairs Office and other departments(In appropriate circumstances)'s long-term planning; review of university policies related to student health and welfare; review of university policies related to student residence; review of university policies related to student extracurricular activities, including on-campus or inter-school inter-sports; reviews of university policies related to the development and support of the student community, including student autonomy; reviews of other major policies of the university and matters related to non-pure academic student experience, etc.[18]. The Michigan State University charter also has a special chapter that stipulates the relationship between the school board and students.[19]。

(5) Provisions for revising the Articles of Association. University Charter as the University“Basic Law”is the basic basis for school management and management. As mentioned earlier, the institutions that formulate university charter are generally decision-making bodies of the school.61Article Regulations:“Amended, revised, repealed or replaced by a new constitution shall be attended by the board meeting or special meeting2／3Members can only be voted on, but proposals for amendment, repeal, addition or substitution of the Articles of Association must be notified or notified by mail within at least thirty days before the meeting.”[20]Chapter 25 of Cornell University's Charter stipulates:“As long as most directors attend at the same time and vote in favor or thirty unanimous votes, these regulations can be modified at any board meeting. However, the board members must be notified at least five days before the meeting and the content to be modified must be presented.”[21]

3. The status and role of American university charter in school governance activities

From the above analysis of the current status and elements of the American university charter, it is not difficult to see that the American university charter has become the legal basis for university operation due to its legal effect, and has also fundamentally established the university's management and operation system, and in the development of universities Plays an important role.

1, the university constitution clarifies the legal status of the university

(1)University charter is the charter of university autonomy. In order to make colleges and universities truly have the autonomy to run schools, a common practice in developed Western countries is to establish the autonomy of higher education institutions through legislation.

“U.S. Federal Code”in“General Educational Law”Provisions: No legal provisions relating to applicable programs shall be construed as authorizing any U.S. government department, w88 slotagency, official or employee to the process, teaching plan, administration or personnel of any educational institution, school or school system, or Liu: Educational institutions or school systems choose library collections or other printed educational materials, or guide, supervise or control the arrangement or delivery of students to overcome racial imbalances.

“According to the charter and state laws, the board of directors is the highest leadership body of the university including every college, academic unit, department, and center. The Board of Directors shall formulate an annual plan for the financial operation of the school on the recommendations of the Executive Committee and the Supervisory Board, and the Board of Directors shall retain all legal person rights.”Secondly, the university charter clearly defines the school's corporate status and non-profitability, and establishes the university's management system. This has become the legal basis for the operation of universities.“Its primary goals and powers are set in accordance with the New York Education Act115, these objectives and powers are also subject to other applicable education laws and non-profit legal person laws. According to the original1865Year Charter, Cornell University is still a land-grant college. In this regard, the University continues to exercise all relevant powers and obligations conferred by federal and state laws.”[22]Because the university charter is formulated by the university itself, university concepts such as university autonomy and academic freedom can be reflected; because of their legal effect, it has become the legal basis for the operation of the university. Therefore, the university charter is the charter of university governance.

(2)University charter provides a legal basis for the construction of modern university systems. The university charter has become the charter for university governance because of its origins of effectiveness and its position in the operation of the university.(Federal or State Government)Legal relationship with universities, thereby institutionalizing the scope and methods of government participation in university management. In addition, the provisions of the university charter on the ways and ways for social groups or individuals to participate in university affairs, to the university“Basic Law”legalizes the activities of social participation in university affairs, which is mainly reflected in the establishment of a board of directors system mainly based on off-campus people and land.“Ivory Tower”Phenomenon. The boards of directors of each university are different in terms of personnel composition and size. Most of the members are social celebrities who care about the school's running schools, such as business and business people, philanthropists, and resigned government officials. They usually pay more attention to their economic aspects when appointing them.“法”Available, so as to ensure the coordinated development of universities and society.( http://www.tecn.cn )

2, the university charter clarifies the operating mechanism of the university

(1) University Charter provides a complete system of system. The establishment of the legal status of a university provides legal guarantees for the university to establish a self-development and self-discipline operation mechanism, realize university autonomy and self-sponsorship in accordance with the law.

(2) The university charter stipulates the governance structure of the university. How to make the university and society develop together is the development of the university and society面The common problem faced by the university charter is an ideal institutional path. If the modern university system is divided into external and internal systems based on universities, then the university charter is the link connecting the internal and external systems of the university and is a specific provision on the university governance structure.24The directors are mostly people in the business circle, and a few are professionals in the academic circle. The board of directors holds four plenary meetings each year, and its agenda is usually determined by the chairman, secretary and president of the university in accordance with relevant documents.8members are composed and selected according to legal procedures, term of office8年[23]. Cornell University’s charter stipulates that the board of directors shall be64Composition of members, among which the governor of New York and four other members are the board of directors[24]. The board of directors has several committees.12Committees, and stipulate that they are responsible for specific matters in finance, audit, investment, etc.

（Liu Chengbo）