Preview

Lex Russica

Advanced search

Implementation of the Law of the People’s Republic of China «On Higher Education» in China: Achievements, Problems and Solutions

https://doi.org/10.17803/1729-5920.2023.201.8.109-122

Abstract

 The Law of the People’s Republic of China «On Higher Education» is the main regulatory act in the field of higher education in China. It was adopted in 1999, had a significant impact on the education sector as a whole, and made it possible to solve a number of key problems at that time.The paper analyzes the relevant data on the achievements of the implementation of the Law of the People’s Republic of China «On Higher Education» for a period of more than 20 years since its entry into force. The quality of staff training has steadily improved; the efficiency, scale and structure of higher education have achieved significant success. The law effectively guaranteed the right of citizens to receive higher education, gradually rationalized the internal and external management structures of higher education institutions. The causes of fundamental problems are also disclosed. The author proposes ways to improve the current legislation and ways to solve emerging problems. For example, it is suggested creating a more scientific and effective assessment and control system in order to strengthen the role of the academic council of universities; improving channels for resolving academic disputes, expanding the categories of disputes between professors and universities, subject to courts; ways of disclosing information on the assessment of the level of higher education; accelerated deep integration of modern information technologies and teaching in the field of education, etc.The Law of the People’s Republic of China «On Higher Education» gives clearer answers to a number of important issues of the development of higher education, such as the relationship between the state (government) and universities, the autonomy of universities and the internal management system of universities. However, taking into account the rapid development of society, its democratization and the growing interest in the mechanisms of protection of individual rights, the institute of higher education in China, largely built on the basis of the analyzed normative act, is hardly able to continue to fulfill its role in the conditions of modern times.

About the Author

Jia Shaoxue
Shanghai University of Politics and Law
China

Shaoxue Jia - Dr. Sci. (Law), Center for International Legal Training and Cooperation for the SCO

Weiqinsong sh., 7989, Qippu District, Shanghai, 201701



References

1. Chen Baosheng. Student Aid Should Play A Bigger Role in Poverty Alleviation. People’s Daily. 2019. 1 March (13). (In Chinese).

2. Dong Xiaoping, Shi Qiuheng. Modernization of China’s higher education assessment system: history, challenges and prospects. Journal of Southwestern University: Social Science Edition. 2021;(2):104-110. (In Chinese).

3. Duan Binbin, Sun Xiaobing. From «Management Law» to «Control Law» — Based on The Text Analysis of The Three Editions of «College Students Management Regulations». Modern University Education. 2017;(5):79-85. (In Chinese).

4. Ha Jingxiong. Retrospect and Prospect of Higher Education for Ethnic Minorities in New China. Educational Research. 2001;(4):59-65. (In Chinese).

5. Ma Huaide. Study on Degree Law — Suggestions and Reasons for the Amendment of Academic Degrees Ordinance. Beijing: Legal publishing house; 2014. (In Chinese).

6. Sun Miantao. University Governance: Governing What and How. Educational Research. 2015;(11):35-38. (In Chinese).

7. Wang Xigen. Study on the Legal Protection of Educational Equity. Beijing: China Social Sciences Press; 2012. (In Chinese).

8. Xu Leitao, Haofei. A study on the current situation and characteristics of personnel dispute litigation among teachers in public universities — an empirical perspective based on 134 adjudication documents. Fudan Education Forum. 2017;(4):40-46. (In Chinese).

9. Yao Jinju. Research on the Problem of Education Law. Beijing: Legal Press; 2017. (In Chinese).

10. Yu Shengquan. The future role of artificial intelligence teachers. Open Education Research. 2018;(2):16-28. (In Chinese).

11. Zhan Zhongle, Wang Chunlei. Construction of Academic Committee System in University Governance — Comment on the Regulations of Academic Committee in Colleges and Universities. Journal of Peking University: Philosophy and Social Sciences. 2016;053(002):76-83. (In Chinese).

12. Zhan Zhongle. On the Perfection of Teachers Appeal System in China’s Colleges and Universities. Chinese Educational Law Review. 2008;(6):105-134. (In Chinese)


Review

For citations:


Shaoxue J. Implementation of the Law of the People’s Republic of China «On Higher Education» in China: Achievements, Problems and Solutions. Lex Russica. 2023;76(8):109-122. (In Russ.) https://doi.org/10.17803/1729-5920.2023.201.8.109-122

Views: 221


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)