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Legal Nature of Public University Constitutions in China

     Abstract: The constitution of university is an important gist for university establishment as well as a principal method in fulfilling corporate governance and autonomy. But as the uncertainty of our country’s law, the university constitution is facing omission and malposition. In academic circles, there are regulation theory, contract theory, autonomy of private law theory, autonomy of public law theory and etc that are associated with public university constitution. The article evaluates and analyses the permanent standpoint on the basis of the summary of all the theories, considering that the constitution of public university is a public law characterized soft law.

    Key Words: public university; constitutions; legal nature; analysis


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