Education Law Section26stipulates that the primary condition that a school must have is an organizational structure and charter, and clearly stipulates that the first right of the school is to manage independently in accordance with the charter. Higher Education Law Section28Article also clearly stipulates the rights and obligations of universities, etc., It reflects the common will of all faculty and staff and students, plays an extremely important role in university management. The university charter is the foundation of university establishment and the basis of management, Modern university management requires university charter.[1]However, What is not commensurate with this is, Some universities believe that the school charter is often considered useless because of its overly principled, This does not meet the legal requirements of internal management of colleges and universities.[2]By comparative analysis of the text of the w88 casinoHong Kong University of Science and Technology charter and Jilin University charter, Maybe it has important reference significance for the construction of university charters of other universities in mainland China.

1. Text analysis of university charter

(一) General structure of the constitution

1 General structure of the w88 casinoHong Kong University of Science and Technology Charter. Hong Kong University of Science and Technology Charter in terms of its overall content, Including two levels of structure: The first level structure refers to what parts are composed of regulations and regulations, The author will call it the total structure for the time being; Second层Structure is about the specific provisions of each piece of content, which can be divided into Several parts, The author will call it a substructure for the time being.

Regulations mainly include: abbreviated; Explanation; Creation and Law of University Man Organization; The University's Goal; The Power of the University; Overmin and Advisory Board; School Board; Principal, Vice-President and other personnel; Financial Final Accounts and Reports of the Academic Affairs Committee, Departments, Colleges and Parliamentary Council; General, etc. The procedures mainly include: Academic Affairs Committee; Academic Affairs Committee Power and Responsibilities; Committees of each college; Power of the College Committee; Conference; Degree; Advisory Board; Conference of the Advisory Committee, etc.

2 General structure of Jilin University's charter. The general structure of the articles of association mainly includes: Preface; General Provisions; School functions and educational forms; Organization and structure; Faculty and Staff; Students and Alumni; Funding, assets, logistics; School emblem, school flag, school song, school anniversary, anniversary; Appendix.

Based on the above introduction, We can sum up the charter The structure is roughly abbreviated( or name) , Explanation, The University's Goal; Legal status of university, Main Organizational Structure( Advisory Committee, School Director Members of the Council, Academic Affairs Committee, Parliamentary Council, College and Department, College Meeting and various special committees, etc.) , Supervisor( Principal, Vice-President and other personnel, etc.) , General personnel( Faculty, Staff, Student and alumni, etc.) , Financial Program, Degree, Exam, Conference, school emblem, school flag, school song, school anniversary, anniversary, etc.

(二) Substructure of the charter

1 Substructure of the w88 casinoHong Kong University of Science and Technology Ordinance and Regulation. Now we will give a brief introduction to the ten major contents of the abbreviation, explanation, the legal status of the university, main institutions, supervisors, general personnel, financial procedures, degrees, examinations and conferences.

(1) Abbreviation. The abbreviation is the abbreviation of the University Regulations, Generally stipulate that the regulations can be called the regulations of a certain university.

(2) Explanation. Interpretation is related to university regulations and regulations and special nouns for interpretation and limitation, such as w88 casinoHong Kong University of Science and Technology The provisions of the provisions interpreting the terms in the regulations are as follows: University refers to the w88 casinoHong Kong University of Science and Technology; The school board, academic affairs committee and evaluation committee refer to the university's school board, academic affairs committee and evaluation committee respectively.

(3) The legal status of the university. The legal status of a university clearly defines the university as a legal entity, Can be prosecuted or sued by this name, and the rights owned by the university and(力)Obligation, etc.

(4) Main organization. The regulations on major institutions are more detailed The school board, academic committee and individual special committees, etc., The simpler ones include the advisory committee, the council, the college, the college committee, the honorary degree committee, etc.

(5) Supervisor. Relatively speaking, The regulations for supervisors are relatively simple, Small length, Mainly including in university management Status, generation and removal methods, term of office, powers and responsibilities, absence processing measures and authorization relationships in the case of 58222_58242, The regulations on the principal are clearer, But the regulations for some other positions may be a brief introduction, As for w88 casinoHong Kong University of Science and Technology regulations to associate The principal's regulations are that the vice principal is not competent or not in Hong Kong Time, or if the position of vice principal is empty for any reason 缺, The school board may appoint any individual to temporarily serve as vice principal.

(6) General member. The provisions on faculty and staff are mainly recruitment matters, The regulations for students are mainly to take university degrees Qualifications, as well as tuition, discipline and student union matters.

(7) Financial Procedures. The provisions on financial procedures mainly include financial year, revenue and expenditure budget report, asset and debt report, and funds Assignment procedures, as well as auditors and financial committees.

(8) Degree. The regulations on degrees mainly include university institutes Designated degrees and honorary degrees, qualifications for obtaining degrees and Qualification conditions for awarding diplomas and certificates.

(9) Exam. The regulations on examinations mainly include the creation of examination hosting institutions or the appointment of hosting personnel, and their rights and responsibilities.

(10) Conference. The conference is for the award of degrees and other School-wide gatherings held for academic rewards and other purposes, To the conference Provisions mainly include: Time, location and procedure of the conference Decide the subject, (Supervisor or School Board) Conference host and conference1and other aspects.

2 Substructure of Jilin University Charter. Our preface; General Provisions; School functions and educational forms; Organization and Structure; Faculty 工; Students and Alumni; Funding, assets, logistics; School emblem, school flag, school Song, School Day, Anniversary; Application w88 online casino bettingprovides a brief introduction.

First of all, the preface, The preface tells the history and education of universities Thoughts, school philosophy, university spirit, school motto, goals and other contents.

Chapter 1 General Provisions, That is, a general summary of the content of the articles of association, Including the content of the establishment of the school, For example, including school name( Have legal effect) and address; School's purpose and education Form; Clarify the legal status of the university; Internal leadership and management system, etc.

Chapter 2 School Functions and Educational Forms, Including the fundamental tasks of the school, the goals or scale of school development, the school's education and teaching system, student academic record management, daily management and reward and punishment system, educational form, international education and other contents.

Chapter 3 Organization and Structure, Specifies the school party committee, discipline inspection committee, faculty and staff representative conference, principal, school affairs committee member Member, Academic Committee, Degree Assessment Committee, and Democratic Party on campus The rights of the service agency library, museum, network center, etc. and responsibilities and their relationships between colleges and schools, college affairs meetings, Dean, Party Committee of the College, Academic Committee of the College, Academic Assessment The rights and obligations of the committee, the minister of the school, etc., as well as the composition of members, Appointment and removal and generation procedures.

Chapter 4 Faculty and Chapter 5 Students and Alumni, separate It is a provision on the rights and obligations of faculty and staff and students, These Regulations straighten out various relationships inside and outside the school.

Chapter 6 Funding, Assets, Logistics, Including the organizer's confirmation All property of the school; The organizer works for the school Providing material guarantee; Other sources of school funds; School management of these assets and supervise this management, etc.

Chapter 7 is the school emblem, school flag, school song, school anniversary, and anniversary. Chapter 8 Appendix, Including procedures for amending the articles of association; Explanation Right; Effective procedures and time, etc.

2. Analysis conclusions of university charter

Through text analysis of the university charter of the two schools, it can Discover, The w88 casinoHong Kong University of Science and Technology Charter attaches great importance to the provisions of the school's internal management system, The main content of the charter is the organization and structure set up within the university. The internal management system is the principal's responsibility system under the leadership of the board of directors, The board of directors is the highest decision-making body of the school, The powers exercised are decisive and macro-guiding. The leadership system of the university is the principal responsibility system under the leadership of the board of directors, Board of Directors is the highest decision-making body of the school, Involves school reform and development Major issues, such as the selection and appointment of principals, and the preparatory school funding calculation, school basic decisions, school long-term planning, etc. are all from The board of directors made a collective decision.

w88 casinoHong Kong University of Science and Technology has set up various committees according to the constitution, and specific provisions are made on the responsibilities of these committees. The regulations on the school board and the academic committee are very detailed and clear, is also very operational. The substructure w88 mobileof the provisions of these two committees is mainly the status in university management, Structure, generation and term of membership, Power and Responsibilities, Conference and deliberation procedures, and the handling measures and matters for the creation of special committees in the absence of the Chairman. The division of institutions and the division of major positions,and a clear definition of their rights and responsibilities, Definition of authorization and reporting relationship between the school board and the academic committee, between the school board and the principal, and between the academic committee and the principal, Compares the principle of decentralization, checks and balances. w88 casinoHong Kong University of Science and Technology attaches great importance to the role of professors in school management, Many important management institutions and many important decisions in the school focus on attracting professor representatives to participate, For example, there is3A is an academic member of the Academic Affairs Committee, They are nominated by the Academic Affairs Committee and appointed by the School Board. Especially in academic management, Professor plays a decisive role. Based on the provisions of the university's constitution, Can avoid excessive concentration and abuse of power, At the same time, it can also actively mobilize the awareness of school members to participate in school management, The possibility of democratic school administration is guaranteed at the institutional level. Jilin University Charter demonstrates the school's educational philosophy and characteristics, school development goals and strategies, Standard various relationships within the school,Clear leadership system, governance structure, and management model, Specifies the rights and obligations of faculty and staff, the rights and obligations of students, Based the relationship between schools and teachers, schools and students, and teachers and students on the core concept of people-oriented, Build a modern university system. But the content of the university charter is generally very general, Not very operational.

3. Problems in the university charter

The formulated university charter is under actual implementation, It does not fully demonstrate its due value. Through analysis of the constitutional texts of the two universities, It was found that there were many problems in the construction of university charter in my country. First, the status of university charter in my country's education legal system is unclear, The legal effect cannot be guaranteed. Judging from the university regulations currently formulated by several domestic universities, None of them have clear origins of effectiveness, This has caused a large number of legal disputes to lurk in the specific operation and implementation of the university charter. Second, the content of the articles of association is not targeted, has no characteristics, is too abstract, and is not very operational., This statement is too general, Does not reflect the characteristics of the talents it wants to cultivate. Only common requirements, School charter without personality characteristics is difficult to play a role. therefore, The formulation of school regulations must be carried out on the premise of carefully analyzing the school's own advantages and disadvantages. Three There are omissions in the program, Labor procedural regulations,Creating frequent legal disputes in colleges and universities. The formulation and modification and implementation of university charter do not have reasonable and legal procedural rules, It does not have the legal effect it deserves, Not public recognition, It cannot be a concentrated w88 casino gamesreflection of the modern university management system. Fourth, the provisions on some important relationships in internal management are unclear.(力) and the obligation relationship are unclear. current, There are many litigation cases in student management, is enough to attract our high attention. The fourth is the relationship between the management of the school and the college.

IV. Suggestions on the construction of university charter

Faced with the current situation of university charter construction, The author puts forward some of his own suggestions.

First, Reconstruct the constitution of our university. The biggest problem encountered by public schools in our country is the legal effect of the charter, [3]The legal status of the university charter must be clarified first, Clear the status of university charter in the modern education legal system, Grants the university's charter the effect and authority it deserves.

Second, Accurate expression, Timely revise and improve the university charter. Improve a feasible charter not only reflects the requirements of laws and regulations, And it should reflect the particularity of our school, Integrate the unique university spirit and school management concepts into various rules and regulations. The regulations formulated in this way can not only highlight the characteristics of the school and facilitate implementation in practice.,Timely improve the university charter and various supporting rules and regulations, Ensure its applicability and operability.

third, The power and obligation relationship between organizers and managers should be clarified, The rights between the universities, teachers, students and other subjects should be clarified within the university(力) , obligations and responsibilities, etc.

Fourth, Make the charter in accordance with legal procedures. Procedural fairness is the basic principle for establishing legality of university charter, University Charter as the University Constitution, The process of formulating also requires legal and proper procedures, These legal and legitimate procedures are effective guarantees of the scientific nature of the constitution.

Fifth, Build a university charter that conforms to my country's cultural traditions. For the charter of foreign universities, We need to follow the school situation of each university,Integrate the unique university spirit, school philosophy and China's excellent cultural traditions into the construction of the university charter, Embed by different universities that have different pursuits in terms of culture[4] ,Create a set of characteristics that have both the spirit of the times and cultural traditions, University charter that also conforms to the modern university system.

(Guangxi Normal University Education Department Qu Yaohua)