A Survey of the Internal Regulations of Higher Learning Institutions from the Perspective of the Rule of Law

The complexity of legal status of the higher learning institutions decides that their internal regulations have the contract nature, characteristics of enabling statute and law of autonomy. With the social development, internal regulations have to accept the survey on the rule of law:those problems, such as, excessive discretion, lack of preciseness and efficiency of regulations, neglect of due process, defy the demands of the rule of law. So,by the methods of advancing our country's education law, statute and regulations, and defining reservation clause, the grounds of legislation are supplied for the university, and the space of the university's discretion is narrowed. According to the ratification and register system, administrative department in charge of education strengthens the supervision of the university's internal regulations;the limit of judicature's intervention to the university is defined by ascertaining the scope of the way of judicial review.