Constructing a modern university system with Chinese characteristics, running schools according to law, and forming a development mechanism of self-supervision and self-restraint are important tasks faced by our country’s universities to improve their management level and create high-level universities. In recent years, many universities in my country have increasingly realized the importance of formulating university charters in strengthening the construction of modern university systems and promoting law-based governance. As a result, relevant research on university charters has been increasing. However, judging from the reality of the formulation and implementation of university charters, the construction of university charters in our country is still quite weak. The vast majority of universities have not formulated charters. Even universities that have formulated charters have problems such as unscientific content, illegal formulation procedures, and poor implementation to varying degrees. Generally speaking, our country’s universities are either“Chapter”You can follow, or there is“Chapter”It is difficult to do this. The reason is not only technical problems, but more importantly, management system, policy and legal problems. Foreign countries, especially developed countries in Western higher education, attach great importance to the construction of university charters and strictly abide by them“The charter comes first, then the university”’s w88 casino-running tradition ensures that the charter is effectively implemented in the university’s w88 casino-running process“Constitution”has accumulated rich and mature experience in the construction of university charters. This article aims to provide useful inspiration for the construction of university charters in our country based on the experience of other countries.

(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, recognizing and granting the university a certain degree of autonomy, allowing the university to set up its own courses, hire teachers, and formulate academic standards. Pope Gregor IX in1231A series of regulations promulgated in 11805_11840| to limit the power of the Bishop of Paris and to recognize the university’s right to judge and strike,Medieval“Magna Carta”, giving the university a certain degree of self-management power in a statutory form, thereby legalizing the university's autonomy in academic and management aspects. The form and content of these charters or charters have the basic characteristics of modern university charters.①

Since then, university charters in some Western countries have been established based on the charters of medieval universities. The University of Oxford and the University of Cambridge respectively1254Nianhe131814863_14934②Similarly, American universities, which originated from colonial colleges, derived their initial legitimacy from charters issued by authorities (the British royal family or the colonial parliament).③These charters were not only the link between the education legislation of the state, church or colonial government and university autonomy, but also were the main form of education legislation at that time and the main carrier of education law. Strictly speaking, university charters and educational legislation are still in a mixed state and have not yet become independent. However, the validity and specific content of the charters of colleges in the colonial period have already involved the internal management of the university and have become the legal channel for communication between the government and the university. This is also the basic characteristic of the modern university charter, and it is on this basis that the modern university charter has evolved.

With the progress of society and the development of higher education, the charters of modern Western universities have been separated from the state of being mixed with national or local government education regulations and have become the general outline of university self-governance. Some scholars believe that the true beginning of modern university charters is marked by1819The famous case of Dartmouth College v. Woodward. Prior to this, university charters, whether passed by parliament or promulgated by the king or the church, were always given to the university in a top-down manner. Although British and American universities have their own internal regulations (by-law) and the power to issue orders and form order, but fundamental affairs are controlled by the charter, and the sovereign legally has the power to change or ignore the provisions of the charter at will. It was not until the case of Dartmouth College v. Woodward that the university charter truly gained autonomy. High-power public powers no longer had the opportunity to interfere with the university charter. The charter and internal rules independently formulated by the university were also protected by law. The university charter was 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. For example, in the UK, under common law conditions, 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 power management agencies of the university as a legal person, the composition of the highest administrative positions, etc.; the second document is calledStatute of The University,Can be translated as“University Charter”,It is the specification details under the first document,Stipulates the establishment, rights and functions of various committees within institutions at all levels, and the establishment of academic degrees.⑤

2. Review of the core features of foreign university charters

Although foreign university charters have different characteristics due to differences in cultural traditions, customs and legal systems of various countries, running a w88 casino has its own inherent regularity after all, which serves as the general outline of university governance.“Articles”still has many core elements in common. The following article sorts out the core features of university charters in Western countries, with a view to providing some inspiration for the construction of university charters in my 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, a common practice in Western developed countries is to establish the independent status of colleges and universities through legislation. Section 1 of the Preface to the Oxford University Statutes“Legal status of the university”Let’s clearly state 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 intervene in the internal affairs of universities and cannot legally specify the nature of universities. The University Charter legally establishes the legal status of the University and fundamentally establishes the University's management and operation system. As stipulated in the Cornell University Charter, Cornell University is an educational society organized and existing under the relevant laws of New York State, which clarifies the w88 casino's legal status and non-profit status, and establishes the university's management system, which becomes the legal basis for the university's operations.

(3) Clarify the relationship between the university, the government, and society.

The confirmation of the legal status of universities also further clarifies the legal relationship between the government and universities, thereby institutionalizing the scope and methods of government participation in university management. The University of Virginia's university charter mentions that the federal government's education department is not an administrative department that oversees national education, but a consulting agency that provides services to the national education system. The University of Bochum in Germany mentioned in its charter that 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 to provide basic construction funds for universities, provide funds for university scientific research, provide loans or subsidies to students, and formulate general regulations on higher education. The University of Hamburg in Germany states in its charter that its social status is equivalent to a state-level national institution and is a state-recognized legal group that enjoys the right of autonomy. British universities and the government are a partnership. Universities attach great importance to providing advice to the government, and the government ensures the normal operation of universities at all levels and types through legislation and various policy documents. The same goes for the federal and state governments in the United States. The basic feature of the German higher education system is public ownership. State governments run the vast majority of colleges and universities, so 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 state governments, so it is generally managed by relevant departments of the state government, but the state government does not interfere with the specific internal issues of universities. 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 with society.

The provisions in the university charter regarding the ways and means for social groups or individuals to participate in university affairs are based on the university“Basic Law”Legalizes society's participation in university affairs in the form of 34173_34320|, which is mainly reflected in the university's establishment of a board of directors system dominated by 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 plays an active role as a bridge and link in strengthening the connection between the university and society and reflecting the requirements of all sectors of society, thus preventing the w88 casino from becoming divorced from the needs of social development and completely controlled by academics“Ivory Tower”Phenomenon. The charter of Yale University stipulates that among the members of the corporate body are3Named as ex officio members, they are the president of Yale University, the governor of Connecticut and the lieutenant governor; the charter also stipulates that in addition to the legal representative of the university, the w88 casino has a vice president responsible for New Haven city, state government affairs and w88 casino development. His responsibilities are to handle the relationship between the w88 casino district and the state government and coordinate the w88 casino's initiative in New Haven based on the authorization of the president. The Cornell University Charter also stipulates that the Governor of New York State, 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 be among ordinary directors2from the New York State Department of Agriculture, Commerce and Labor. The participation of government officials and public figures in w88 casino legal entities is conducive to the handling of relations between the w88 casino, the government and all aspects of society. The board of directors of each university is different in terms of personnel composition and size. Most of the members are celebrities who care about the running of the w88 casino, such as business people, philanthropists and retired government officials. When appointing, they usually pay more attention to their economic impact. Members also include alumni representatives, teacher representatives and student representatives. Social participation in university affairs is not only a tradition of American universities, but also a need and trend for the joint development of universities and society. According to the university's charter, both the society's participation in university affairs and the university's acceptance of social entrustments or gifts“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 of all, the university charter stipulates the board of directors system for university management. The Board of Directors is the highest decision-making and deliberation body of the w88 casino, and the powers it exercises are decisive and macro-guiding. The Charter of the University of Chicago clearly stipulates that the Board of Trustees has the highest decision-making power of the university, and the president of the University is responsible to the Board of Directors and implements the decisions of the Board of Directors. The university's charter clearly stipulates how board members are elected. Harvard University stipulates in the university charter that the Board of Directors is the highest decision-making body of the university, and the addition of new directors must be through the election and consultation of the current directors. The university charters of Harvard and Yale clearly stipulate the number of external directors on their boards of directors, the method of selection, and the methods and authority to participate in university management. The president system at the University of Regensburg is the executive agency of management, and the board of directors is the decision-making body of management. The university charter of the University of Edinburgh mentions that the university is legally independent. The university board guarantees the management of the university and plans for future development. The board of directors is fully responsible for all internal affairs of the university. The British university governance body is the highest authority of the university and is often used“Bicameralism”Structures, namely Advisory Board and Board of Directors. Advisory committees are generally large in size and play more of a decision-making advisory role, while the board of directors plays more of a deliberative and decision-making role. The names of the two in British universities are not exactly the same, and some universities do not have advisory committees. However, almost all British university charters stipulate the establishment of a council as the university's decision-making body, and some are also called w88 casino boards.

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 w88 casino and is responsible for all the responsibilities of running and developing the w88 casino. Some universities in Germany implement the chairman system, but their functions are the same, which is to make the internal management of the university more effective and make the university more institutionalized and organized. This is reflected in the different national conditions of each country. Generally speaking, university charters stipulate that the board of directors does not manage specific daily administrative affairs, and the policies and guidelines it formulates are implemented by the president. That is, the board of directors handles major issues, and the principal handles specific matters. In addition, the management of American universities attaches great importance to the role of professors, and professors are recruited into the w88 casino's decision-making bodies and important management bodies. This is also clear from the charters of American universities. As provided in the Yale University Charter,“The tenured professors of each college are also administrative staff. Together with the president, provost, and dean, they form the tenured staff council. The Council is the governing body of the college and handles matters related to educational policy and college management”。

(5) Specifies the rights and responsibilities of the university president.

The president is the academic and administrative CEO of the university. He is the main person in charge of the academic field of the university and the individual with the highest authority in the field of university governance. The University of Texas Charter provides that the president has the greatest authority within the university. The charter of the University of Bonn stipulates that the w88 casino implements a rector responsibility system, and the rector is elected from full professors by the university faculty representative assembly. The responsibilities of the president of RWTH Aachen University are statutory. The president is the chairman of the w88 casino representative assembly and the w88 casino senate. He has the power to convene and chair meetings of these two institutions. He can make necessary decisions and take necessary measures for the w88 casino authorities on urgent matters. The president of a German university plays a soul role in the university and his status is very important. According to the provisions of university charters in various countries, the term of a university president is generally about four years, except in the United States, where university presidents serve for longer periods of time and are even lifelong. Sometimes the president of a university is even a celebrity, who is the image representative of the university, using his celebrity effect to attract more talents to his university and draw more funds from society.

(6) Clarify the source of w88 casino funds.

The source of w88 casino funds determines the nature and development goals of the university, and is a key content clearly stated in the charters of universities in various countries. The university charter of the University of California, Berkeley, stipulates that part of the university's funds must be borne by the state government. In addition, funding sources also include the federal government, tuition fees, donations, etc.; the German Federal Post College stipulates that university funds are mainly provided by the state finance (federal finance), rather than supported by other private financial channels; the grant for the University of Wales is appointed by the Minister of Finance“University Grants Committee”Decided; University College London's w88 casino funding mainly comes from the British government or the governments of the European Union and four fund organizations and tuition fees, but can also be raised through various private channels. Queen Mary and Westfield College of the University of London mention in their charter that they receive and manage stipends, subscriptions, donations, endowed funds, legacies, gifts and loans of any property, whether in kind or personal, as trustees of endowed funds, legacies and gifts, in accordance with relevant laws and charters, and may invest any form of assets for the use of the college; according to the charter, funds may be raised in any form, and they may enter into any agreement and accept all obligations and responsibilities as a natural legal person. Judging from the provisions of each university's charter, the relatively stable source of university funds is still government appropriation. However, with the development of society, the channels of funding sources have become more and more diversified. In addition to tuition fees, donations and other private sources are becoming more and more legalized. At the same time, clear regulations on where the funds come from and where they will be used are conducive to the management of w88 casino assetsManagement and use make the use and distribution of university property more clear.

(7) Provisions on student rights and related matters.

According to the stakeholder theory, students are one of the most important stakeholders of universities. Therefore, university charters in various countries have clear provisions on student affairs and related rights protection, which is an important part of foreign university charters. Cornell University Charter provides,56Of the Board Directors2Directors are elected by the student body of the w88 casino's Ithaca campus, each serving a two-year term, with at least one election each year1Name. The Cornell University Charter also specifically stipulates“Student Life Committee”Responsibilities: Provide commentary on long-term planning for departments such as the Student Affairs Office (where appropriate); Comment on University policies related to student health and welfare; Comment on University policies related to student residence; Comment on student extracurricular activities. A review of University policies related to sports events, including intramural or intercollegiate sports; a review of University policies related to the development and support of the student community, including student self-governance; a review of other major University policies and matters related to non-purely academic student experiences. The Michigan State University Charter also has a chapter that stipulates the relationship between the w88 casino board and students: The w88 casino board provides equal educational opportunities to qualified students from Michigan and other states or countries, and the w88 casino board authorizes the president 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 a corresponding number of people and legal provisions based on the regulations, which reflects that once the university charter is implemented, it cannot be revised day and night, and it should have a relatively stable and authoritative status. These once again emphasize the importance of the legal validity of university charters. Yale University Charter No.61Article 54778_54819|Article 54778_54819|Article 54778_54819|Article 54778_54819|Article 54778_54819|2/3It can only be carried out if approved by a vote of the members, but any proposal to amend, abolish, add or replace the charter must be notified to its members or notified by email at least thirty days before the meeting. Chapter 25 of the Cornell University Charter provides that these regulations may be adopted at any board meeting as long as a majority of the directors are present and vote in favor or thirty unanimous votesModified. However, board members must be notified at least five days before the meeting and the content to be revised must be submitted.

8． The articles of association are standardized in form, highly operable in content, and ensure legal effectiveness.

In order to ensure the legal validity of charters, many Western universities formulate charters in strict accordance with legal norms. University charters have obvious legal features. For example, the University of Oxford explains the terms and provisions used in the University Charter and explains their scope of application to avoid disputes. Last Chapter“Resolution of disputes regarding the interpretation or application of University Charter and Regulations”The dispute resolution system has been improved and measures such as litigation and reconsideration have been established in accordance with the requirements of the law, which has become the key to the rare occurrence of legal disputes related to university effectiveness at Oxford University. Article of the University Charter of Murdoch University, Australia23Terms—The definition of student misconduct in w88 casino discipline is divided4Article, and only Article1items“The following activities may constitute student misconduct”, listed again15These situations are about“Inappropriate conduct”62546_62644“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.

The practice of formulating foreign university charters tells us that university operations must be based on laws and regulations. Having a complete university charter is conducive to the operation and development of the university, helps protect the interests of the w88 casino and its members from infringement, and avoids unnecessary legal disputes. At the same time, only by paying attention to the construction of university charters can the university develop a solid foundation and a profound connotation.1995The Education Law promulgated in 2017 and1998年颁布的《高等教育法》，明确要求学校必须具备章程，这在一定程度上提高了人们对学校章程重要性的认识，但时至今日，全国绝大多数高校仍没有制定学校的章程。学校没有章程，就使依法治校成为空话，而且不利于现代大学制度的建立，更不符合国际高等教育的通行做法。因此必须加快我国大学章程的制定步伐，尽快改变许多学校“Running a w88 casino without rules”'s situation.

(2) When formulating university charter, the leadership system of the w88 casino must be clearly defined.

The university's educational goals, development goals, main tasks, etc. are important contents stipulated in the charter of foreign universities. A large part of it is about the w88 casino's internal management system, which especially stipulates the responsibilities and authorities of the w88 casino board of directors and the president. At present, our country's colleges and universities implement a leadership system of principal responsibility system under the leadership of the party committee, that is, the w88 casino party committee (or party committee standing committee) is the highest decision-making body of the w88 casino, and the principal is the highest administrative person in charge of the w88 casino. The main way for the principal to perform his duties and authority is the principal's office meeting or the w88 casino committee. Therefore, while Chinese university charters stipulate the purpose, development goals, and main tasks of the w88 casino, they should also clearly stipulate the responsibilities and authorities of the w88 casino party committee (or party committee standing committee), the president's office meeting (or w88 casino board), the party secretary, and the president in the development and management of the w88 casino based on the national conditions and w88 casino conditions. It also clearly stipulates the status and role of the party secretary in the w88 casino party committee (or party standing committee) and the president's status and role in the president's office meeting (or w88 casino board). In this way, further“Party committee leadership, principal responsibility, professor scholarship, democratic management”Put it into practice and standardize and institutionalize it.

(3) The establishment of university charter must define the mechanism and rights of professors for conducting academic research.

Foreign universities attach great importance to the role of professors in the w88 casino management process. Many important management agencies and many important decisions of the w88 casino pay attention to attracting professor representatives to participate. Especially in academic management, professors play a decisive role. In comparison, Chinese university professors have obviously insufficient power to participate in w88 casino management and influence w88 casino decision-making. 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. For a long time, our country's universities have formed a situation where administrative power suppresses academic power. It is difficult for university professors to truly participate in w88 casino management, and professors do not have much say in academic management. This goes against the nature and laws of universities, and is also one of the main obstacles to building high-level universities and world-class universities. Universities are academic communities. Our country’s university charters should clarify and establish a mechanism for professors to participate in w88 casino management. It should be clear that important management bodies and important decision-making of the w88 casino should involve professor representatives. In particular, it should be clear that professors are the exercisers of academic power and 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 w88 casino must be clearly defined in the formulation of university charter.

To establish a modern university system in our country, we need a good external environment. In particular, we need to further straighten out the relationship between the government and universities, so that universities can become entities that independently run education in accordance with the law and face the society. Universities are the main body that carries out teaching and scientific research activities and should independently exercise their autonomy. The government's scope of responsibilities is mainly to conduct macro-management of the university's guidelines, policies, legal norms, etc., and should not interfere with the authority of the operator. Therefore, our 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 w88 casino activities must accept the government's macro-control and management and comply with national education laws and regulations. Our 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 and students' participation in the management of the w88 casino. Many important management organizations of the w88 casino attract students to join, emphasizing their sense of ownership and equal subject status. Universities in our country pay more attention to the management of students, but they mostly treat students as objects of passive management and requirements. The protection of students' legitimate rights and interests, especially the protection of students' rights and interests in participating in w88 casino management, is relatively lacking. Therefore, the authority of students to participate in w88 casino management should be clarified and refined through the formulation of w88 casino charters. Especially for major issues involving students' own interests, students should have greater say and decision-making power. In addition, 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 confirm this through w88 casino charters.

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, I am afraid there will only be2%。⑥Even if the university charter has been published, there are still common problems such as lack of quantitative provisions, unclear language, and vague content. Many provisions are directly copied from the Higher Education Law without specific details. For example, there are no specific operational regulations on how to determine the scale of running a w88 casino, how to adjust disciplines and majors, and how to define major matters. Compared with the charters of Western universities, it can be said that the gap is still very large, and flaws abound. The University Charter, as the University Constitution, is the system of institutions. Due to its absence, the internal management system of universities has naturally been given more of an administrative color, with mostly subjective and arbitrary elements, which has become an obstacle to the construction of a modern university system. If things go on like this, the distance between Chinese universities and world-class universities will inevitably widen. It is hoped that as China's reform, opening up and institutional changes intensify, the construction of university charters can keep pace with the times and achieve greater breakthroughs.

（Wang Jinghong National Institute of Educational Administration）