The Association of Higher Vocational Colleges for Higher Education Law has clear provisions on the matters that should record in the school charter. The force of the school charter gives by the Higher Education Act. Although my country’s Higher Education Law does not stipulate this. The charter is one of the documents that must submit when applying for the establishment of a higher vocational college. When formulating the articles of association, each higher vocational college can, within the scope permitted by the Higher Education Law, determine the organization and activities of the school according to the different characteristics of the school’s school purpose, school scale, discipline setting, internal management system, etc. specific rules.
Here are the articles to explain, Articles of Association of Higher Vocational Colleges for Higher Education Law
According to Article 26 of the “Education Law” ( implemented on September 1, 1995) and Article 27 of the “Higher Education Law” (implemented on January 1, 1999), the charter is to establish higher vocational colleges as one of the prerequisites. However, domestic colleges and universities ignoring the construction of the school legal system for many years. The formulation of university charters has just started. And most higher vocational colleges still do not have a ” constitution ” for self-run schools—the charter. The lack of charters, to a certain extent, reduces the effectiveness of school management scientific.
The concept and characteristics of the charter of higher vocational colleges
The charter is a programmatic document of an organization, an important basis for ensuring the healthy development of the organization, democratic decision-making, and self-discipline, and has a strong binding force on the organization and its members. The articles of the association of higher vocational colleges are the legal basis for higher vocational colleges to run their schools by the law, the “autonomous law” that regulates the organization of higher vocational colleges and their internal activities, and the “constitution” of higher vocational colleges. From the secretary of the dean, down to the staff and students. All must abide by the school’s charter and also act according to the provisions of the charter. The articles of association of higher vocational colleges have the following characteristics:
Legality
The so-called statutory nature means the formulation, content, effectiveness, and revision of the articles of association of higher vocational colleges stipulated by the Higher Education Law.
Established legality.
Article 27 of China’s “Higher Education Law” stipulates that the establishment of institutions of higher learning must submit articles of association to the examination and approval authority. In addition, in July 2003, the Ministry of Education’s “Several Opinions on Strengthening the Work of Governing Schools According to Law ” further pointed out: “Schools should formulate and improve school charters by laws and regulations… establish and improve school education and teaching systems… improve school management systems according to law… …clarify the responsibilities and rules of procedure of various institutions such as the school party committee, principal, school affairs committee, and academic committee.” This shows that the constitution of higher vocational colleges formulate according to the law and must formulate at the establishment stage of higher vocational colleges. The basis for the establishment of higher vocational colleges and the necessary legal documents for the establishment of higher vocational colleges.
The legality of content.
The Higher Education Law has clear provisions on the matters that should record in the school charter. Article 28 of the Higher Education Law stipulates the matters that should record in the charter.
the legality of effectiveness.
The force of the school charter gives by the Higher Education Act. Article 28 of my country’s “Higher Education Law” clearly stipulates that. The scope of powers of the principal includes other powers stipulated in the charter in addition to the legal provisions.
Amend the statutory nature of the program.
Amendments to the articles of association of higher vocational colleges must carry out by the clear provisions of the Higher Education Law and submitted to the original examination and approval authority for approval.
Openness
All the contents recorded in the articles of association of higher vocational colleges are available to the public. Although my country’s Higher Education Law does not stipulate this. The charter is one of the documents that must submit when applying for the establishment of a higher vocational college. As far as its content is concerned, the content of the school constitution is public. Schools should take measures to make it easier for staff, students, communities, enterprises, etc. To understand the content of the school charter in different ways and from different channels.
Autonomy
The articles of association of higher vocational colleges are the autonomous rules of higher vocational colleges and the code of conduct for running higher vocational colleges. Which have an important impact on the rights and behaviors of higher vocational colleges. The specific manifestation of the autonomy characteristic of the school charter is that different schools have different charters. When formulating the articles of association, each higher vocational college can, within the scope permitted by the Higher Education Law, determine the organization and activities of the school according to the different characteristics of the school’s school purpose, school scale, discipline setting, internal management system, etc. specific rules. Therefore, there are bound to be differences in the charters of different higher vocational colleges.
Contents of the Charter of Higher Vocational Colleges
In a modern society characterized by credit, the rule of law, democracy, and science, higher vocational colleges are independent legal persons and have the right to, without violating the spirit and principles of laws such as the “Higher Education Law” and “Education Law”, Within the scope of self-management stipulated by law, based on its school-running philosophy, school-running characteristics, and school-running history, formulate school regulations with its characteristics. By the provisions of Article 28 of the Higher Education Law, the articles of association of higher vocational colleges shall include:
- School Name;
- school address;
- enrollment qualities;
- school scale;
- The setting of subject categories;
- form of education;
- internal management system;
- sources of funding, property, and financial systems;
- The rights and obligations between the sponsor and the school;
- Articles of Association Amendment Procedures;
- Other matters must stipulate in the articles of association.
The effectiveness of the articles of association of higher vocational colleges
Once the charter approves by the education administrative department. It has legal effect and becomes the legal basis for the independent management of the school and the rule of law. It is not only binding on teachers and students. But also binding on the administrative department and the school’s school-running behavior. Binding cannot change without legal procedures. The school’s organizational structure and its functions are determined by the charter.
In the school’s rules and regulations system, the articles of association are the “parent law” and ” superior law “. Which are at the highest level; while other rules and regulations. As teaching management, financial management, personnel management, student management, etc., are “child laws”, and “Inferior law” is at a lower level. Because the formulation of other rules and regulations is formulated based on the Articles of Association. Its provisions cannot conflict with the Articles of Association, otherwise, it is an invalid clause.
