Vigilance of Power Abuse in Colleges and Universities

Yanxu Zhao
2016 Proceedings of the 2016 International Conference on Advances in Management, Arts and Humanities Science   unpublished
Any power, if unlimited, will be abused. Because the provisions are not clear and the procedural justice is difficult to protect, the statutory autonomy of the university self-management has gradually become the trend of abuse in recent years. Through the analysis of the abuse of the autonomy of the University self-management, this paper has revealed the possibility and inevitability of the "power abuse" in colleges and universities and further compared with the concept of ruling by law and the
more » ... provisions of the new administrative litigation law, so as to derive the mode of the judicial review of the autonomy of the university self-management and to urge the perfection of the university management system. Overview of the autonomy of the university self-management From the course of the development of higher education system in China, the university self-management has experienced a development process from scratch, from small to large and from general to clear. The "Education Law" in 1995 gave the school and other educational institutions self-management power. The "Higher Education Law" in 1999 further clarified the autonomy of colleges and universities to set up the discipline and other seven aspects of the autonomy of the power. Whereas the "Regulations on the Management of Students in Colleges and Universities" promulgated in 2005 had further expanded the autonomy of the university self-management, in which there are 5 points directly defied "regulate by schools" and 13 points required "execute as the school regulations". The national laws and regulations of the Ministry of Education had given the university a great autonomy, but the legitimacy of the source of the autonomy of the university cannot be replaced by the legitimacy of the exercise. Colleges and universities having the right of self-management by law don't mean that they exercising the self-management right by law. In the view of sociology, the essence of power is the ability of the subject to influence and restrict himself or other subject's value and resources. The right of self-management in colleges and universities is the ability to use educational resources, organize the education to carry out, and finally realize the purpose of education. It is also an inevitable requirement of the core idea of academic freedom in colleges and Universities. Montesquieu proposed that "all the people with power love to abuse power, this is unchangeable experience" in his "The Spirit of Laws". The self-management right of colleges and universities is a kind of power, which guarantees the academic freedom at the same time; if there is no corresponding control mechanism, it will inevitably fall into the situation of power abuse. For example, the lawsuit of Tian Yong to the University of Science and Technology Beijing in 1998 (hereinafter referred to as the "Tian Yong case") had revealed the power abuse in ivory tower and also proved the judgment of "all unchecked power will be abused".
doi:10.2991/amahs-16.2016.50 fatcat:prpxwutmgvbqhjpfq3gfsgfy4m