Research on Legal Issues in the Reform of Higher Education System

Author: Liu Jianwen, Editor-in-Chief
Publisher:
Publish Date: 2005-01-01
Features: Since the reform and opening-up, China's higher education system reform has made significant progress. Academia has conducted a series of beneficial explorations on the reform practices and the essential laws of higher education, achieving certain positive results. However, current research still fails to meet the practical needs of China's higher education system reform. Higher education systems and legal systems are closely related. By legally regulating higher education systems and legalizing the research outcomes of higher education systems from the perspectives of pedagogy and economics, Western countries have successfully developed higher education. Since the reform and opening-up, China's higher education system reform has made significant progress. Academia has conducted a series of beneficial explorations on the reform practices and the essential laws of higher education, achieving certain positive results. However, current research still fails to meet the practical needs of China's higher education system reform. The outstanding issue is that scholars tend to focus on researching higher education systems from the perspectives of pedagogy and economics, while systematic legal research on them remains almost blank domestically. This has led to the current relevant laws and regulations being mostly principle-based, lacking legal applicability, and unable to fully leverage their intended role in reform practices. The state's management system for universities is not well-organized, and universities' autonomy is not legally guaranteed. Relatedly, in the internal management system of universities, administrative power and academic power are not properly allocated, resulting in excessive interference of administrative power in academic power. The existence of these flaws makes China's higher education system unable to adapt to the rapid development of the modern market economy and does not fully align with the "internal logic" of higher education. Higher education systems and legal systems are closely related. By legally regulating higher education systems and legalizing the research outcomes of higher education systems from the perspectives of pedagogy and economics, Western countries have successfully developed higher education. Therefore, conducting legal research on China's higher education system is an urgent task for legal professionals. This book is a specialized study on the legal issues of higher education system reform. The entire book is divided into seven chapters based on the main legal issues involved in higher education system reform and the current classification of legal departments in China's legal academia:
Chapter 1 reviews the history of higher education system reform and looks ahead to the goals and positioning of China's higher education system reform;
Chapter 2 explores the constitutional and administrative law issues involved in higher education system reform;
Chapter 3 explores the civil law issues in higher education system reform;
Chapter 4 explores the economic law issues in higher education system reform;
Chapter 5 explores the fiscal and tax law issues in higher education system reform;
Chapter 6 explores the education law issues in higher education system reform;
Chapter 7 explores the remedy law issues in higher education system reform.
The findings of this research hold significant theoretical and practical implications for further advancing China's higher education system reform.