Modern university governance theory emerged and developed with the establishment of the modern university system. since20 Since the beginning of the century, with the diversification of university functions and the rapid expansion of the scale of higher education, the time and space in which the university system exists has undergone tremendous changes. The traditional concepts of university autonomy and academic freedom have been challenged, and the management problems of the university itself have become more complex. Especially with the launch of the popularization process of higher education, it has triggered conflicts between the university system and social transformation. Under this circumstance, Western countries have initiated reforms in the higher education system. At the same time, a wave of governance changes has occurred in the higher education sector in Western countries.
Simply put, the so-called university governance is the structure and process of the participation of stakeholders inside and outside the university in major decision-making. The governance structure of a university is the essence and core of the modern university system. University governance is an institutional arrangement that connects the formal and informal relationships between the internal and external stakeholders of the university, so that all stakeholders can check and balance each other in terms of rights, responsibilities and interests, and achieve a reasonable unity of efficiency and fairness inside and outside the university. Governance involves the vertical and horizontal relationships of the w88 casino, the definition of various powers, obligations and responsibilities, and the pattern of various interest relationships. Governance is actually a new management model that covers all formal systems and rules, as well as various informal institutional arrangements. Compared with previous management models, governance focuses more on coordination rather than control, and advocates that government organizations and non-governmental organizations jointly participate in the management of public affairs. Moving from control to coordination and replacing management with governance has become a trend in the reform of higher education in the world.
1. Several problems in university governance
20Century907551_760319987631_76989857725_7948
1.The responsibilities and powers of the party committee and the principal are not clear, and the supervision power of the Teachers’ Congress is weakened
According to the provisions of the Higher Education Law, state-run universities implement a principal responsibility system under the leadership of the Communist Party of China’s higher education grassroots committee. The grassroots committees of higher education institutions of the Communist Party of China lead the work of universities in a unified manner in accordance with the charter of the Communist Party of China and relevant regulations, and support principals in exercising their powers independently and responsibly. Although the Higher Education Law stipulates the scope of responsibilities of the party committee and the president, since both the party committee secretary and the president are appointed by the superior organizational department, there is actually a "dual-head system" in the leadership system. In specific management activities, there are overlapping and overlapping functions between the principal and the party committee. The principal responsibility system under the leadership of the party committee requires that major matters need to be discussed and decided by the party committee. However, there is a great deal of subjective arbitrariness in the actual operation process. It often happens that the party committee monopolizes administration, or the administration does not listen to the opinions of the party committee, or even the party committee and administration go their own way. "Democratic governance" cannot be formed, and it can only be "elite governance" or "top leader governance."
Higher Education Act43Article 10058_10320|Article 10058_10320|Article 10058_10320|Article 10058_10320|Article 10058_10320|Article 10058_10320| "However, in actual operation, the Teachers' Congress cannot effectively supervise the decision-making power of the w88 casino party committee, nor can it effectively supervise the administrative power of the university. Specifically, in terms of power affiliation, the university party committee is appointed by the higher-level party committee on the basis of the university party congress. It is only responsible to the party congress and the higher-level party committee. It is not responsible for the Faculty Congress; since the administrative power of the w88 casino is in the hands of the principal, the principal can decide the composition, convening time, deliberation topics, and meeting procedures of the Faculty Congress according to his own wishes. The issues discussed are mainly focused on the welfare benefits of faculty and staff, making the supervisory power of the Faculty Congress basically a formality.
2.There is an imbalance between academic power and administrative power, and academic power continues to shrink
Canadian scholar Xu Meide regards "w88 casino autonomy" and "academic freedom" as the basic value orientations of Western universities, and points out that they are "continued as part of historical heritage." The significance of university organizations should first be as "specialized" and "academic" organizations, and secondly as administrative organizations. However, in our country, due to the huge impact of the planned economy, the traditional administrative management model has not substantially changed in the internal management of universities. Administrative functions are generalized and administrative levels are clear, and the academic conduct of universities cannot be reflected. The main manifestation is that academic power and administrative power within universities are not separated. Academic power is simply believed to be w88 casino power, and academic power is academic management. It is even believed that the president is the representative of academic power, which leads to the phenomenon of administrativeization in academic management activities. Administrative power continues to expand, intervening in too many academic issues. Administrative power is mainly used in many academic activities such as professional title evaluation, department establishment, and professional introduction. This phenomenon has led to the shrinking of the academic power of universities in our country and seriously restricted the academic development of universities.
3.Unequal rights and responsibilities among schools, colleges, and departments
At present, the linear functional organizational structure of universities, colleges, and departments in our country basically belongs to the bureaucratic management system followed by the administrative system and production enterprises. This kind of administrative management system, whose main content is "implementation", is not suitable for managing universities that seek research innovation and high academic standards. The results are often far from the expected goals. Its disadvantages are very obvious: First, the w88 casino leaders are stuck in specific, trivial, and heavy administrative matters, making it difficult to concentrate on major matters related to the long-term development of the university; second, departments have small powers and large responsibilities, which not only violates the management principle of equal rights and responsibilities, but also is not conducive to mobilizing the enthusiasm of departments to participate in the university's governance structure; Third, vertical information transmission channels lead to obstruction of the information transmission process and distortion of content; fourth, too much emphasis on hierarchical order and hierarchy is not conducive to mobilizing the enthusiasm of faculty and staff to participate in the university's governance structure, is not conducive to the formation of an equal, relaxed, and free academic environment, and is not conducive to the formation of a mechanism for democratic supervision and power checks and balances.
2. The importance of university charter to university governance
The university charter answers the core question of the modern university system, including modern university governance, by stipulating the w88 casino's educational philosophy and characteristics, w88 casino development goals and strategies, various relationships within the w88 casino, the w88 casino's leadership system, governance structure, management model, the rights and obligations of faculty and staff, the rights and obligations of students, etc., and provides feasible autonomy norms for the university to run its own education in accordance with the law. From a global perspective, world-class universities have their own university charters, which are highly authoritative and serious. They have formulated various norms based on the charters and have a good atmosphere of standardized management and law-based governance.
In Germany, universities are public legal persons established by the state that indirectly perform state tasks. They have the right to formulate regulations for managing their own affairs in accordance with the authorization of national laws. When a university obtains permission to establish an educational institution, it must propose its own university charter as its "basic law."1737 15362_15471
University charters play a central role in the governance of higher education in the UK. The university governance structure stipulated in the university charter mainly includes a development decision-making mechanism for social participation, an administrative execution mechanism for the president, an academic freedom mechanism for professors to pursue their studies, a property security mechanism for separation of supervision, and a personnel management mechanism for procedural fairness, etc. The University Statutes have the status of a university charter for a university.
In the United States, whether it is a public college or a private college, there is generally a university charter formulated by the university authority (usually the w88 casino's board of directors) based on the charter established by the university or the education laws and regulations promulgated by the local government. Although the charters of different universities have differences in expression and content composition, their basic contents are generally clear. It stipulates the philosophy of the university, the purpose of running the w88 casino, teaching affairs and the academic power of teachers, the awarding of degrees, student affairs, funding sources, property and financial systems, charter modification procedures and other major matters. It especially stipulates the organizational composition of the board of directors and its subordinate committees, the election and appointment of members, and other university decision-making methods and procedures, thus becoming the program and rules that regulate the operation of the university.
Nihon University originally did not have a charter, but with the early launch and in2004Year4The university legal person reform was officially implemented in March. The traditional government management model of universities has undergone tremendous changes for more than 100 years since the Meiji period. Each university is re-examining its own positioning and future development goals. University charters have emerged as a new form of management under the new system.2003Year3month1817625_17880
In my country, it is generally believed that the structure of modern university governance includes two levels, namely the macro level and the micro level: the former refers to the relationship between the w88 casino and the outside world, including government macro-management, moderate market regulation, extensive social participation, and the w88 casino's independent operation of education in accordance with the law; the latter refers to the internal relationship of the w88 casino, including party committee leadership, president's responsibility, professors' academic studies, and democratic management. At its core, it is to clarify the relationship between the university and the government through the formulation of university charters under the macro-control of the government, so that the university becomes a truly independent legal person with a certain degree of autonomy in running schools, independently facing the society, running schools independently in accordance with the law, and practicing democratic management.1995Year3month28The "Notice on Issuing the Publicity Outline of the Education Law of the People's Republic of China" of the General Office of the former National Education Commission pointed out that "the charter of schools and other educational institutions refers to the self-disciplined basic documents formed by schools and other educational institutions to comprehensively stipulate their w88 casino purposes, management systems, financial activities and other basic and major issues in order to achieve normal operations. It is the self-management of schools and other educational institutions. Basic basis. The stipulation of the charter system is an important guarantee for the implementation of w88 casino autonomy and the establishment and improvement of independent education, self-development and self-discipline mechanisms. It is an inevitable requirement for the establishment of a modern w88 casino system and is also conducive to the government and its relevant administrative departments to strengthen the management and supervision of schools and other educational institutions." Subsequently, the "Education Law" and the "Higher Education Law" established the significance of university charters for modern university governance in the form of law. According to the relevant provisions of the "Education Law", "Higher Education Law" and related laws, regulations and policy documents, the university charter should answer the core of the modern university system including modern university governance by stipulating the w88 casino's educational philosophy and characteristics, w88 casino development goals and strategies, various relationships within the w88 casino, the w88 casino's leadership system, governance structure, management model, the rights and obligations of faculty and staff, the rights and obligations of students, etc., and provide feasible autonomy norms for the w88 casino to run its own education in accordance with the law.
3. The development of the formulation of university charters in my country
1995Year3The Education Law of the People's Republic of China passed in January2620442_205428The "Several Opinions on the Implementation of the Education Law of the People's Republic of China" issued by the Yueyuan State Education Commission further pointed out that "schools and other educational institutions at all levels and types should in principle implement 'one w88 casino, one charter.' Schools and other educational institutions established in accordance with the law before the implementation of the "Education Law" that have not formulated charters should gradually formulate and improve the w88 casino charters and submit them to the competent education administrative department for approval."1999Year1month120778_2083227Article 20858_20946| stipulates: “Anyone who applies to establish a higher education institution shall submit the following materials to the examination and approval authority: (1) Application report; (2) Feasibility demonstration materials; (3) Articles of Association; (4) Other materials required by the examination and approval authority in accordance with the provisions of this law. "Not only that, Article of the Act28Article 20972_21086| also makes clear and detailed provisions on the content of the charter of institutions of higher learning, including the name of the w88 casino, the w88 casino address, the purpose of running the w88 casino, the scale of running the w88 casino, the establishment of subject categories, the form of education, the internal management system, the source of funds, the property and financial system, the rights and obligations between the organizer and the w88 casino, the procedures for amending the charter, and other matters that must be stipulated in the charter.
Since then, the party and the country have continuously pointed out the urgency and importance of formulating university charters through various policy documents.1999Year12month2The Ministry of Education of Japan issued the "Opinions of the Ministry of Education on Strengthening the Construction of the Educational Legal System", which proposed the idea of achieving law-based governance, requiring "schools at all levels and types, especially colleges and universities, to improve their awareness of managing schools according to law, and in accordance with the provisions of laws and regulations, formulate and improve w88 casino charters as soon as possible, and after review by the competent education administrative department, run schools independently in accordance with the charter and law."2003Year7月《教育部关于加强依法治校工作的若干意见》再次强调以“学校要依据法律法规制定和完善学校章程，经主管教育行政部门审核后，作为学校办学活动的重要依据，按章程自主办学”作为依法治校的举措之一。同年1122017_220688 Standards, the first of which is "The management system is complete and sound. The w88 casino charter is formulated in accordance with the law, approved by the education administrative department and w88 casino-running activities are implemented in accordance with the charter. Education and teaching, finance, teachers, students are formulated in accordance with the law , logistics, safety and other management systems, the content is legal, fair, open, and effectively implemented." The article also pointed out that the first of the three conditions for establishing a "model w88 casino governed by law" is to veto "without a charter."2006Year6month15Sunday1622361_224332010-2020Year)” clearly stated that to improve the modern university system with Chinese characteristics, we must strengthen the construction of charters. All types of colleges and universities should formulate charters in accordance with the law and manage the schools in accordance with the provisions of the charters.
As a concentrated expression of the university spirit and the general norm of university behavior, the university charter is actually the further extension, concreteness and individualization of the legal governance model, the spirit of the law and legal regulations in a university. However, what is not commensurate with this is that our country1600Among the remaining public institutions of higher learning, only Jilin University, Shanghai Jiao Tong University, Harbin Institute of Technology, Yanbian University, Nanchang University, etc.30Many universities have formulated charters, but the vast majority of universities, including Peking University, Tsinghua University, Renmin University of China and other well-known domestic universities, have not formulated charters. Those that have formulated charters have problems such as unscientific content, illegal formulation procedures, and poor implementation to varying degrees. This situation is obviously unable to adapt to the "National Medium and Long-term Education Reform and Development Plan"( 2010-2020)” on the implementation and expansion of the autonomy of colleges and universities in running schools, improving the governance structures of colleges and universities, and comprehensively promoting the requirements of running schools according to law.
4. Conclusion
It can be said that the university charter is the "constitution" of university governance, the most important rule for the existence and operation of the university, and the embodiment of the university's independent status. Our country's Education Law and Higher Education Law both require "one w88 casino, one charter." However, due to historical reasons, there are still a considerable number of colleges and universities that do not have formulated w88 casino charters; those that have formulated charters, most of them face the embarrassing situation of being in name only. University charters are not only an important carrier to promote the establishment and innovation of the modern university system; they are also an important guarantee for clarifying the relationship between colleges and universities, government management departments and society, improving and improving the w88 casino's internal management system, standardizing w88 casino running and management behaviors, and implementing the w88 casino's legal person status and autonomy in running schools. According to1999 "Opinions of the Ministry of Education on Strengthening the Construction of the Educational Legal System", "Schools at all levels and types, especially colleges and universities, must improve their awareness of managing schools according to law, formulate and improve w88 casino charters as soon as possible in accordance with laws and regulations, and after review by the competent education administrative department, run schools independently in accordance with the charter and law." The so-called "approval",In essence, it is a process of review and approval. This process is accompanied from beginning to end by an evaluation of whether the content of the w88 casino charter is legal. It is also a process in which the education administration department supervises the operation of the university. On the other hand, the university charter has legal effect after being approved by the education administration department. It can not only effectively restrict the university's w88 casino-running behavior, but also effectively standardize the management behavior of university administrators and the supervisory behavior of the organizers. In the areas stipulated in the university charter that belong to the independent management of the w88 casino, managers and organizers cannot interfere. The current lack of charters of higher education institutions not only makes the legal person system of higher education institutions in my country imperfect, but also renders the autonomy granted to universities by the Education Law and Higher Education Law a dead letter to a certain extent. Therefore, in order to promote the construction of higher education charters, improve university legal person governance, and further implement and expand the autonomy of higher education institutions, it is an important task for the development of the legal system of higher education in my country.
(Author: Zhan Zhongle)
