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| he normative effectiveness and path to rule of law of higher education policy: concurrently discussing the implementation form of Opinions on Streamlining Administration, Delegating More Powers,Improring Regulation and Optimizing Services in Higher Education |
| HUANG Yu-Xiao |
| （Law School, Peking University, Beijing 100871, China） |
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Abstract As the carrier of policy, administrative normative documents do not have general binding force. If there is no legal basis, legislation is the only way to make policy exert external force. When the public university does not exercise the administrative power authorized by law, administrative management should abide by the requirement of administration of education by law. On the necessary legal matters, administrative organs must use the law to manage the university. On the arbitrary legal matters, administrative organs may be allowed to use normative documents for the supervision and management of universities. These mentioned rules can be used to solve the problem of the implementation form of Opinions, so that the reform in the field of higher education can achieve the rule of law.
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2017, Vol. 11 
