The law of War: Zhejiang University Guanghua School of law

Sinorama "professorial governance" three years of experiments
Kong Lingquan
 

   In 2007 April, when the University Guanghua law school was founded, public opinion says this is China mainland only really can do "professorial governance" in Colleges and universities. Now 3 years too, this is called trying to stay away from the educational administration, reform education and academic true colours and its mechanism of how?

   A week later, is the Zhejiang University Guanghua law school 3 years old birthday, but inside the campus, not to see the festive atmosphere, as the past the quiet mountain.

   3 years ago, the establishment of Zhejiang University Guanghua School of law of vibration on both sides, the KMT Honorary Chairman Lian Zhan to congratulate. The Taiwan Guanghua Education Foundation and Zhejiang University to its law school attracted attention at home and abroad.

   Public opinion says this is China mainland only really can do "professorial governance" of the University, the University of Hu Shi's intended to restore the traditional ideal experiment -- away from the educational administration, the school of management professor committee affairs and academic evaluation, search for "university independence and academic freedom under the Faculty Governance". 3 years, here to become a "zone of Zhejiang University".

   But the fact how? 3 years, Guanghua law school declined media visit, keep silence on the reform experiment.

   Since last August the first president Sun Xiaoxia resigned in so far, more than half the time, the dean of the law school seat. Cooperation between the two sides has not found the right person.

   "Now, this 3 years, although some twists and turns, achievements and difficulties with, but after all, we made a solid step." Sun Xiaoxia told the "democracy and the rule of law times" reporter.

   However, there are accused back reform, that is the real meaning of "professorial governance.".

   In 3 years, the reform has been carried out in this experiment two voices, supporting and opposing forces in the interleaving and game.

The administration has been

   In Sun Xiaoxia's view, "professorial governance" is the realization form to the administration of the University, to the engineering, to the number of. In Zhejiang University, sun is the forerunner that "professorial governance" and promote the reform of the.

   The so-called "professorial governance", refers to the administrative power and academic power "separation of two rights", by Professor Committee governance, according to the academic discipline and law school.

   But the school rules the western popular it is difficult to pass in China domestic. The reason is the high administrative system. Some people will the administration of university is summed up as "the five deadly sins:" University bureaucratic, resource allocation, evaluation mechanism of administrative centralization, Professor of dwarf, sophisticated of students personality.

   The university administration includes external and internal, the former refers to the government management of school administrative personnel, finance, -- assessment, graduation certificate and other power in the hands of the administrative department of education. "The professor and the bureaucratic integration", "the Ministry of education a director can take control of university presidents", the university had to place like "run into the money", and even awarded doctor title for official support, which is believed to lead to the loss of University autonomy.

   But the administration years of university internal management to more is criticized, performance in University, the official standard, academic management, academic resource allocation and academic evaluation administration, leading to the disadvantage is that university engineering, emphasizing quantity or formal academic assessment.

   Zheda a well-known scholars said, over the years he has received public applause, but hardly get any official award. He is faced with a situation, various subjects and awards for the government, get these awards, means that your academic status recognized, otherwise it is excluded from the mainstream academic circle. "The government encourage academic is good, but only as the only evaluation criteria, is not conducive to the academic autonomy".

   "Why China not American, Britain's top university of the world? In recent years, the national education funds many, like Zhejiang University last year the national and self financing investment more than 40 hundred million, but the effect is not obvious after the international first-class university. This problem 10 years ago there were no, it now appears that the system and mechanism. University system is not perfect." Sun Xiaoxia said.

   Sun Xiaoxia thinks, this is the university does not have its own charter. So far, the domestic public university is not the true sense of the University Charter, although the 1996 after the implementation of the "Higher Education Act" provisions of university should have its own constitution, facing the administration of the education system, University Presidents and step back in front of University regulations.

   "No university charter, the main academic judgment to who? What is the standard? Whether the program? Are not clear."

   Years ago, Sun Xiaoxia witnessed the introduction of a Chinese American scholars review site that he still imprint is engraved on my heart. The nearly 50 year old scholar at Harvard University who specializes in Western Marx theory, by the Zhejiang University College of Humanities phase. In the associate professor of the meeting, review two or three ten most engineering professors, and academician, they pointed out that the associate professor and not many fruits, the older, more important is we are a socialist university, the research on Marx s also need from the USA introduction? The review will make a negative decision on the spot.

   Sun Xiaoxia said, this also no wonder, promotion of Zhejiang University Law School professor, has always been the school title appraisal committee decides, and review members mostly science scholar, non experts, just look at how many papers, published for many projects, engineering, tendency.

   "We need to be aware of the administrative, engineering harmfulness of way the two university in the development of the legal system." Looking at the scholars go figure, sun Xiaoxia have mixed feelings.

   As a professor of education at Jiangsu University, Wang Changle of director of Institute of long-standing, administrative power of University in our country academic rights, extrusion official standard atmosphere prevailing phenomenon, it is caused by the administration of ignoring the professors and teachers' rights, "the most effective measures to eliminate abuse administrative power is too big", is to implement the "professorial governance" system.

   Since 2002, served as vice president, director of Law Department of Zhejiang University School of law at Sun Xiaoxia law school in Zhejiang University, take the lead in the implementation of the system of Academic Committee, administrative power and academic power separation, is composed of 11 different disciplines professors and scholars of Academic Committee in the performance of academic power, academic judgment and professional title assessment relates to the whole legal system are give the Committee evaluation. The chairman of the committee by the academic honor Professor, sun on the academic power, not into the committee, although administrative. "The effect is very good."

Zhejiang University of "special zone" colleges and Universities

   The reform ideas and the practice by the Zhejiang University Secretary of the Party committee and the president's support, and will fit in easily with and by Taiwanese Mr. Yin Yanliang served as chairman of the Guanghua Education foundation. Taiwan Institute of law law firm partner and chief executive Chen Changwen, contributed to this marriage Guanghua Education Foundation and Zhejiang University School of law. Chen is also a former vice chairman of SEF and first secretary general, Taiwan Red Cross president, has a deep, complex.

   In April 20, 2007, Zhejiang University Guanghua law school was founded. This is by the Guanghua Education Foundation donated 1 hundred million, in cooperation with the Zhejiang University set up a "special economic zone" in the school's college, a unique management system, by the school of management professor committee affairs and academic evaluation.

   Guanghua School of law from overseas media high-profile opening ", says that far away from the mainland college years" professorial governance "to reproduce here.

   In fact, Zhejiang University Guanghua law school "the professor committee", is not the first, but why only attention? Zhang Ming professor of Political Department of the Renmin University of China thinks, now the domestic university professor in the academic committee, committee, is the product of the basic system, is a skin, a walk in the form. But the Guanghua law school professor committee is special, the key lies in their outside the capital, the rich will be able to balance the administrative power, may eventually realize from the academic to the hospital, is the only really can do "professorial governance" genuine committee.

   The first committee Professor Guanghua School of law by 10 professors. In addition to executive vice president of Zhejiang University Ni Mingjiang as the engineering background, the other 9 per capita for Chinese legal scholars current outstanding or proficient in China legal foreign scholars.

   Among them, have served as Taiwan Grand Justices Wang Zejian, Professor Liu Tiezheng, vice president of Harvard University School of law, an Shoulian etc., and Ji Weidong, Wu Zhipan, Zhang Wenxian, Hu Jianmiao and other well-known domestic legal scholars. The chairman of the professor committee headed by Chen Changwen.

   The highest decision-making power, have academic affairs, responsible for the specialty and the curriculum, the introduction of talent, Professor promotion, teacher appointment and dismissal, curriculum and other affairs, Dean of the responsible. In the introduction of talents, the professor committee to adhere to the strict academic standards. All the candidates, after the Council seeking, recommend, finally the professor committee. They will take charge of job: maintain academic conscience.

   As the direct leadership of Guanghua law school, Zhejiang University is not voluntary donations, provisions agreed Guanghua Education Foundation and Zhejiang University, the school must match the Guanghua work in the aspects of resource allocation, academic construction. This means that the school to a portion of the power.

   Therefore, Guanghua School of law has a "special" policy, including the independent use of human rights, to develop teacher's promotion standards and master doctoral tutor qualification evaluation standards and academic journals; to formulate and implement the undergraduate curriculum program, for postgraduate enrollment and training system plan and etc.. But the final decision in Zhejiang university.

   "Our school and Guanghua foundation reached consensus on three points." Sun Xiaoxia said, "one can manage to put the right down to the law school, according to professional and disciplinary rules, respect the professional and expert opinions; two is the professor Governance Institute, let the Guanghua School of law in environmental good mechanism of academic power allocation more reasonable; the three is the introduction of potential overseas scholars, sustainable development law school, become a test of domestic legal education reform."

Legal ideal round hill

   In 2007 September, Guanghua law school by Zhejiang University Xixi campus moved to Zhijiang campus. The campus is located in the banks of the Qian Tang River in the quiet round hill, American Presbyterian Church to church stands on the hillside. A hundred years ago, here is one of the East six church schools -- Zhijiang University campus. Soochow University and it earlier, has created the most successful law school as Chinese modern, Soochow law is still legal education today China ruler.

   In Guanghua law school relocation ceremony, money Hiromichi professor on behalf of the law school faculty. "We put the moon hill as pillows, lying in the beautiful West Lake of the arms, can be used as a powerful and unconstrained style of academic, boundless reverie!"

   Professor Zhang Gu said, first came to the mountains, usually be careless about one's dress he suddenly had an impulse, want to tie to wear suit picked up the leather briefcase, to give lessons to the students like the professor.

   Known as a new generation of civil law representative -- Zhang Gu of associate professor of Peking University School of law is one of the talent introduction of Zhejiang University Guanghua School of law. In 2008 April, in which the sun Xiaoxia, Zhang Gu left Beijing, chose the Guanghua School of law. "I'm from the people's University to the north and eventually settled in the round hill, is to find the same law education ideas." Zhang Gu is moving southward.

   "Legal education has a lot of problems, I have some ideas in the teaching process, want to find a piece of experimental field test, there are opportunities, provide such plots, I want to try. For me, the most important point, is to strive for the teaching and scientific research management assessment method is not in accordance with the university now taken, not with the quantitative evaluation model, look at your core journals published many articles, published in journals of what score. I communicate in and Guanghua law school leadership, that we should be what appearance have a common understanding of the university."

   In the evaluation of professional titles of Professor Zhang Gu, Professor Committee Guanghua law school is taken substantive judgment. "He has no national issues, no national awards, in accordance with the form of traditional assessment, he at home which university are not comment on Professor, but we comment to him." Sun Xiaoxia said.

   Mrs. Zhang Gu said to Sun Xiaoxia: "why do you bring him? He won't be 'manufacturing' the Guanghua School of law." "In other words, if according to the existing evaluation standard of most university professor, Zhang Gu might get Guanghua disappointed.

   But Sun said, assessment of the college is different from other university independent Professor Committee on the level of the teachers, not rigidly adhere to the number of articles published in core journal, and will be more representative of the actual standard of review and the teacher's scientific research ability, potential.

The reform has been accompanied by controversy

   In 3 years, Guanghua law school introduced more than 10 overseas scholars, they are about 30 years old, in their respective fields are academic talents. Sun Xiaoxia called them the law school "dream team", "to do a law school are more than sufficient. We this generation after retirement, they can be comparable with the Peking University, Tsinghua University, if not the 'special zone', which is not to do."

   In this "special zone", Sun Xiaoxia felt the hitherto unknown change law school. "School administration decentralization, mainly is the right personnel. As long as the level in place, the introduction of talent is not restricted, from looking for people to school without interference, the title does not need the school limited."

   The sun always detested engineering phenomenon has been the reform, "the professor committee is essentially academic judgment, which is aimed at the formal, engineering, quantitative judgment."

   However, he also thinks, the reform has achieved some success, but there are also many setbacks, difficulties.

   In fact, "reform experiment zone" has been accompanied by controversy and opposition.

   Guanghua law school after all did not escape from the "management system in Colleges and Universities under the leadership of the party, the principal, Professor".

   In the view of Fei Yingqin of secretary of Party committee of Guanghua School of law, the so-called "professorial governance" is entirely misleading media, which is not the real meaning of "professorial governance", and to the administration of more than one thing. It is an individual, not a reference China reform of institutions of higher learning style.

   Fees, China exploration of the professor committee system in democratic governance refers to his academic research institutions, and our professor committee is not our college elected, but the school high school, the similar. Personal power is not down, finally to school set. Some media said that we much reform, school speech count, in fact, it's not so. Many people do not know.

   Hold the same views of the school, they strongly criticized by many, most school person "the professor committee", said the "outsiders" to determine the hospital business model is not the "professorial governance", these external professor do not necessarily understand the local conditions.

   They think, in Western University, Professor Committee by the teacher of the school or department, and no "outsiders" in, by the foreign and the Guanghua School of law, it doesn't matter Professor, Dean, and even in competition with the Guanghua School of law of other colleges and universities to form the professor committee, just be the biggest joke in the world "".

   "These people usually not in law school, a year only one or two times, still not regularly, leading to the title time delay, the college a good teacher was delayed a year." An old professor dissatisfied way, "although they each is elite, but combined together is the law school, the students have the sense of responsibility, but also play a question mark."

   This discontent erupted in 2009 August, 18 month, 30 Guanghua law school teacher joint letter to the leadership of the school of Zhejiang University Book comments appeared on the Internet.

   This article entitled "book" opinions on several fundamental problems about the development of our article, accusing the Guanghua School of law for 3 years reform is a failure, ranked in the national law school to school sharply. The reason is the improper school location, school management system is improper, inappropriate positioning of the identity of teachers, an important content of school and the Guanghua foundation cooperation agreement signed.

   A professor in the submission signature Guanghua School of law said, opinions that the old system is still in the running in period, system is not suitable for the teacher's contusion, both sides have cooperation is to achieve leaping development, but the result is just the opposite.

   Some people miss Guanghua School of law in good time before the establishment of, even if no cooperation will develop faster.

   Always pay attention to education of Jiangsu University Guanghua School of law reform of Zhejiang University Science Research Institute Professor Wang Changle, criticized those dissenting teachers are accustomed to the old system "dawdle" life, will inevitably conflict with the new system, the new system does not adapt to the fact that is effective.

   "The implementation of the system is a cost, including efficiency, time." Wang Changle said, "professorial governance" in the mainland is a heresy, inconsistent with the current system, "it is normal to have problems, do not easily give up".

   A law professor said, "professorial governance" is to the administration of the University's reform direction, it takes time and costs, we should give more tolerance and support.

   In 2008 April, Wuhan University carried out a series of "returning to the academic" for the purpose of "administration decentralization" reform, but then quietly.

   Some experts point out that, along with the deepening of education reform and innovation, now most universities have established "the professor committee", also often invited to the work. But, in general, Chinese university to really implement academic standard, balance the administrative power and academic power, there is still a long way to go.

The efforts to shorten the running in period

   Is beyond all expectations, in early 2009, Sun Xiaoxia to the University's law school dean, the year August approved. The reason about the sun retirement, some say is the expiration of his term of office, some say too much pressure. Sun told "democracy and the rule of law times" reporter, he is the physical reasons for his resignation, on the other hand, he is engaged in the research, more hope to have time to focus on our studies.

   Retire after the sun was elected chairman of the academic committee of law school. Sun Cicheng is approved, the dean of the Law School of the seat has been vacant. Cooperation between the two sides can not find suitable candidates.

   Cooperation between the two sides differences still exist, the reasons for the differences are known to be sensitive to avoid the topic for the. People familiar with the matter said more is the cultural difference of the concept, but both sides are trying to shorten the running in period.

   Some scholars have pointed out, "professorial governance" is to have its unique survival soil. Higher education administration is not a simple "professorial governance" can be easy. At present, China even implement "professorial governance" to "strong back", moreover also can not be achieved "professorial governance". Therefore, the current China university to out of the mire, do not fantasy "professorial governance", but how to realize the democracy and freedom, let the executive power gradually in the University retired or not is emphasized, pure academic research and education, the relationship between government and university.

   "The current administrative power and academic power is found between the 'balance', is an effective way to eliminate the university internal administration." Many scholars think.

   Compared with 3 years ago, Guanghua law school a high-profile debut, now both the hospital or university officials are reluctant to talk about this now with vigour and vitality "special zone" experiment, and hope the media dilution.

   More than two years of harships course of reform go down, Sun Xiaoxia is convinced to the administrative, engineering, quantitative approach.

   In this year, Premier Wen Jiabao see three public criticism of educational administration, the national medium and long term program for education reform and development is also put forward "to promote the separation of policy and school tube do separation", "phasing out the actual existence of the administrative level and executive management model", the sun more firm belief.

   He wants to reform the Guanghua School of law continued, the school management further decentralization, two right further separation, greater respect for discipline, academic law, do not have too many executive consciousness.

   People familiar with the matter said, Zhejiang University has established academic system, reform, by experts and professors to master the distribution of academic resources. Law School of cooperation between the two sides are rational institutional transformation. And the school "the Twelfth Five Year Plan" will be "professorial governance" included in the content of the reform.

   This is Sun Xiaoxia hoped for, "system set up, like a train on the track, who can."