Education Law Article266734_679528Article 7134_7152| also clearly stipulates the rights and obligations of the university, It reflects the common will of all faculty, staff and students, Plays an extremely important role in university management. The university charter is the foundation for the establishment of the university and the basis for its governance, Modern university management requires a university charter.[1]However, What is not commensurate with this is, Some universities believe that w88 casino charters are often considered useless because they are too principled, This is inconsistent with the legal requirements for internal management of universities.[2]Comparative analysis of the texts of the Charter of Hong Kong University of Science and Technology and the Charter of Jilin University, It may have important reference significance for the construction of university charters in other universities in mainland China.
1. Text analysis of university charter
(一) General structure of the charter
1 The general structure of the Charter of the Hong Kong University of Science and Technology. The Charter of the Hong Kong University of Science and Technology as a whole, Contains two levels of structure:The first-level structure refers to the components of regulations and procedures, The author will temporarily call it the overall structure;SecondlayerThe structure of times is about the specific provisions of each piece of content and how it can be divided into Several parts, The author will temporarily call it a substructure.
The regulations mainly include:Abbreviation;Explanation;The establishment and law of the university human organization;Goals of the University;The power of the university;Oversight and Advisory Committee;w88 casino Board;Principal, Vice-Principal and Others;Financial accounts and reports of academic committees, departments, colleges and senate;General etc. The procedures mainly include:Academic Affairs Committee;of the Academic Affairs Committee Powers and Responsibilities;Committee for each college;Powers of the College Committee;Conference;Degree;Advisory Board;Advisory committee meetings, etc.
2 The general structure of the Charter of Jilin University. The general structure of the articles of association mainly includes:Preface;General Provisions;w88 casino functions and educational forms;Organization with structure;Faculty and Staff;Students and Alumni;Funds, assets, logistics;w88 casino emblem, w88 casino flag, w88 casino song, w88 casino anniversary, anniversary;Supplementary provisions.
Based on the above introduction, We can summarize the charter structure is roughly the abbreviation( or name) ,Explanation, Goals of the University;The legal person status of the university, Main organizational structure( Advisory Board, w88 casino Director Assembly, academic committee, senate, college and department, college committee member Meetings and various special committees, etc.) ,Supervisor( Principal, vice-principal and other personnel, etc.) ,General staff( Faculty, staff, students and alumni, etc.) ,Financial Procedures, Degree, Exam, Conference, w88 casino emblem, w88 casino flag, w88 casino song, w88 casino anniversary, anniversary, etc.
(二) Substructure of charter
1 Substructure of the Regulations and Regulations of the Hong Kong University of Science and Technology. Now we give a brief introduction to the ten major parts including abbreviation, explanation, legal status of the university, main institutions, supervisors, general staff, financial procedures, degrees, examinations and conferences.
(1) Abbreviation. The abbreviation is the abbreviation of the university regulations, Generally, this regulation can be called the regulations of a certain university.
(2) Explanation. Interpretation refers to the interpretation of the regulations and procedures of the University Special terms for explanation and qualification, such as Hong Kong University of Science and Technology The interpretation clauses in the regulations are as follows:University refers to the Hong Kong University of Science and Technology;The Board of Regents, Academic Affairs Committee and Senate refer to the University’s Board of Regents, Academic Affairs Committee and Senate respectively.
(3) The legal personality of the university. The legal personality of the university defines the university as a legal entity, You can sue or be sued under this name, and the University’s rights with(force)Obligations, etc.
(4) Main institutions. The regulations on major institutions are more detailed The w88 casino board of directors, academic affairs committee and individual special committees, etc., Relatively simple ones include advisory committees, senate committees, colleges, departments, college committees, honorary degree committees, etc.
(5) Supervisor. Relatively speaking, The regulations for supervisors are relatively simple, Small size, Mainly including university management Status, method of creation and removal, term of office, powers and duties, absence The handling measures and authorization relationship in case of 58267_58289| Generally speaking, The regulations for principals are relatively clear, But the regulations for some other positions may be brushed aside, Such as the Hong Kong University of Science and Technology regulations and vice versa The principal’s stipulation is that the vice principal is incompetent or is not in Hong Kong Period, Or if the Vice Chancellor position is vacant for any reason Missing, The Board of Trustees may appoint any individual to serve as Vice President on a temporary basis.
(6) General member. The provisions for faculty and staff are mainly employment matters, The requirements for students are mainly to study for a university degree 's qualifications, as well as tuition, discipline and student union matters.
(7) Financial procedures. Provisions on financial procedures mainly include fiscal year, revenue and expenditure budget report, asset and debt report, payment Transfer procedures, as well as auditors and finance committees, etc.
(8) Degree. Regulations on degrees mainly include university institutions Degrees and honorary degrees, qualifications for obtaining degrees and Qualification conditions for awarding diplomas and certificates.
(9) Exam. Regulations on examinations mainly include the establishment of examination hosting organizations or the appointment of presiding personnel, As well as their rights and responsibilities.
(10) Conference. The conference is for the purpose of conferring degrees and other matters A w88 casino-wide assembly held for academic awards and other purposes, To the General Assembly The regulations mainly include:The time, place and procedure of the conference Decision subject, (Supervisor or w88 casino Board) Conference host and conference1The number of times held within 73633_73645|, etc.
2 Substructure of Jilin University Charter. We are interested in the preface;General Provisions;w88 casino functions and educational forms;Organization and Structure;Faculty Worker;Students and Alumni;Funds, assets, logistics;w88 casino badge, w88 casino flag, w88 casino Song, w88 casino anniversary, anniversary;A brief introduction to the appendix.
First is the preface, The preface tells the history and education of the university Thoughts, w88 casino philosophy, university spirit, w88 casino motto, goals, etc.
Chapter 1 General Provisions, That is, a general summary of the contents of the charter, Contents including the establishment of the w88 casino, For example, include the w88 casino name( Has legal effect) and address;The w88 casino’s mission and education Form;Clear the legal status of the university;Internal leadership and management system, etc.
Chapter 2 w88 casino Functions and Educational Forms, Including the w88 casino’s fundamental mission, w88 casino development goals or w88 casino scale, w88 casino’s education and teaching system, student status management, daily management and reward and punishment system, education form, international education, etc.
Chapter 3 Organization and Structure, Provides the w88 casino party committee, disciplinary inspection committee, faculty representative conference, principal, and w88 casino board members Assemblies, academic committees, degree evaluation committees, and various democratic parties on campus The rights of schools, service agencies, libraries, museums, network centers, etc. And responsibilities and the relationship between the college and the w88 casino, college affairs meetings, Dean, college party committee, college academic committee, college academic evaluation The rights and obligations of committees, deans, etc., and the composition of members, Procedure for appointment, removal and creation.
Chapter 4 Faculty and Staff and Chapter 5 Students and Alumni, respectively Regulations on the rights and obligations of faculty, staff and students, These The regulations straighten out various relationships inside and outside the w88 casino.
Chapter 6 Funding, Assets, Logistics, Includes organizer confirmation Various properties owned by the w88 casino;The organizer is a place where the w88 casino carries out work Provide material support;Other sources of w88 casino funding;The w88 casino’s management of these assets and the methods for supervising this management, etc.
Chapter 7 is the w88 casino emblem, w88 casino flag, w88 casino song, w88 casino anniversary, and anniversary. Chapter 8 Supplementary Provisions, Including procedures for amending the articles of association;Right of interpretation;Effectiveness procedures and time, etc.
2. Analysis and Conclusion of University Charter
Textual analysis of the university charters of the two schools can Discovered, The Charter of Hong Kong University of Science and Technology attaches great importance to the provisions of the w88 casino’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 responsibility system under the leadership of the board of directors, The board of directors is the highest decision-making body of the w88 casino, The powers exercised are decisive and macro-guiding. The university’s leadership system is the president’s responsibility system under the leadership of the board of directors, Board of Directors is the highest decision-making body of the w88 casino, Involving w88 casino reform and development Major issue, Such as the selection and appointment of principals, and the prediction of w88 casino funds Calculation, the w88 casino’s basic decisions, the w88 casino’s long-term planning, etc. are all made by The board of directors decides collectively.
The Hong Kong University of Science and Technology has set up various committees in accordance with the charter, The responsibilities of these committees are also specified. The regulations for the w88 casino Board and the Academic Affairs Committee are very detailed and clear, It is also very maneuverable. The substructure regarding the content prescribed by these two committees is mainly the position in the university management, Member structure, generation and tenure, Powers and Responsibilities, Meetings and Proceedings, As well as measures to deal with in the absence of the chairman and matters such as the creation of special committees. Separation of institutions and division of major positions,and a clear definition of their rights and responsibilities, Definition of the authorization and reporting relationships between the w88 casino Board and the Academic Affairs Committee, between the w88 casino Board and the President, and between the Academic Affairs Committee and the President, Conforms to the principle of separation of powers and checks and balances. The Hong Kong University of Science and Technology attaches great importance to the role of professors in the w88 casino management process, Many important management organizations and many important decisions of the w88 casino focus on attracting professor representatives, For example, there is3are academic members of the Academic Affairs Committee, They are nominated by the Faculty Senate and appointed by the Board of Trustees. Especially in academic management, The professor plays a decisive role. Based on the provisions of the University Charter, Can avoid over-concentration and abuse of power, At the same time, it can also actively mobilize the awareness of w88 casino members to participate in w88 casino management, It ensures the possibility of democratic w88 casino governance at the institutional level. The Charter of Jilin University demonstrates the w88 casino’s philosophy and characteristics, w88 casino development goals and strategies, Standardizes various relationships within the w88 casino,Clear the leadership system, governance structure, and management model, Specifies the rights and obligations of faculty and staff, and the rights and obligations of students, Build the relationship between schools and teachers, schools and students, teachers and students based on the core concept of people-oriented, Building a modern university system. However, the contents of university charters are generally very general, Not very operable.
3. Problems with the University Charter
The formulated university charter is being implemented in practice, It has not fully demonstrated its due value. Through an analysis of the charter texts of the two universities, I found that there are many problems in the construction of university charters in our country. First, the status of university charters in my country’s education legal system is unclear, Legal validity is not guaranteed. Judging from the current university charters formulated by several domestic universities, There is no clear source of effectiveness, This has resulted in a large number of legal disputes lurking in the specific operation and implementation of the university charter. Second, the contents expressed in the charter are not highly targeted, featureless, too abstract, and not very operable. For example, some university charters state the training goal as creating socialist builders and successors with ideal, moral, cultural, and disciplined moral, intellectual, physical, and aesthetic development, This statement is too general, It does not reflect the characteristics of the talents it wants to cultivate. Only common requirements, A w88 casino charter without individual characteristics is difficult to be effective. Therefore, The formulation of w88 casino charter must be based on a careful analysis of the w88 casino's own strengths and weaknesses. 3. Omissions in procedures, Lack of procedural provisions,Legal disputes in colleges and universities frequently arise. There are no reasonable and legal procedural rules in the formulation, modification and execution of university charter, does not have due legal effect, Not recognized by the public, Nor can it be a concentrated expression of the modern university management system. Fourth, the provisions on some important relationships in internal management are unclear. The first is about the relationship between principal responsibility under the leadership of the party committee. There are no detailed provisions on the main powers and responsibilities of the party committee, the main powers and responsibilities of the principal, and the mechanism for exercising their powers and performing their duties. The second is about the relationship between academic power and administrative power. There is a lack of institutional regulations on organizational forms and operating mechanisms that enable academic power and administrative power to coordinate with each other and give full play to their role. The third is about the rights and obligations of teachers, students and employees. Some university charters stipulate the rights of universities, teachers, and students(force) And the obligation relationship is not clear. current, There are many litigation cases in student management, Enough to attract our great attention. The fourth is about the relationship between w88 casino and college management. Part of the charter is unclear or does not provide for the relationship between w88 casino and college management.
4. Suggestions on the construction of university charter
In view of the current situation of university charter construction work, The author puts forward some suggestions of his own.
First, Rebuilding the Charter of Our Nation’s Universities. The biggest problem encountered by our country’s public schools is the legal validity of charters, [3]The legal status of the university charter must first be clarified, Clear the status of university charters in the modern education legal system, Give the university charter the validity and authority it deserves.
Second, Accurate statement, Revise and improve the university charter in a timely manner. Improving and feasible charters must not only reflect the requirements of laws and regulations, And it must reflect the uniqueness of w88 casino, Integrate the unique university spirit and w88 casino-running philosophy into various rules and regulations. The charter formulated in this way can highlight the characteristics of the w88 casino and facilitate its implementation in practice. Clearly state the rights and obligations of each subject,Promptly improve the university charter and various supporting rules and regulations, Guarantee its applicability and operability.
Third, It is necessary to clarify the power and obligation relationship between organizers and managers, It is necessary to clarify the rights among universities, teachers, students and other subjects within the university(force) , obligations and responsibilities, etc.
Fourth, Follow legal procedures in developing bylaws. Procedural fairness is the basic principle for establishing the legitimacy of university charter, The University Charter as the University Constitution, The formulation process also requires legal and due procedures, These legal and due procedures are an effective guarantee for the scientific nature of the charter.
Fifth, Construction of a university charter that conforms to our country’s cultural traditions. For foreign university regulations, We should base on the conditions of each university,Integrate the unique university spirit, w88 casino running philosophy and China’s excellent cultural traditions into the construction of the university charter, Reflects that different universities have different pursuits in culture[4] ,Establish a system that has both the spirit of the times and cultural traditions, It is also in line with the university charter of the modern university system.
(Guangxi Normal University Department of Education Qu Yaohua)