2007/“Courageous Explorers” 149 regulations,and other documents related to education.36 In general,the law sought to give substance to the government's policy pronouncements of greater autonomy for schools,while at the same time preserving significant government oversight.37 The result in many cases is a system of split au- thority in which schools have significant latitude to make important deci- sions,but must have these decisions approved by the government. The various policy statements on increased academic autonomy were adopted into law for the first time in 1995 with the passage of the Educa- tion Law.38 Under Article 28 of the Education Law,educational institutions have the right to "autonomous management according to the [school's] constitution."39 Article 30 guarantees educational institutions the right to form their own management structure in accordance with government reg- ulations.40 Article 31 makes clear that schools that meet certain criteria are independent legal persons,and that all schools "enjoy civil rights and inter- ests and bear civil liabilities in civil activities according to law."4 The Higher Education Law,passed in 1998,contains similar language.42 That law empowers universities to "run [their]schools on their own,"and gives them explicit,though by no means complete,authority over budgets; the hiring,firing,and evaluation of personnel;curriculum;and enrollment.43 Unfortunately,these provisions are undermined-at least rhetorically,if not legally-by other provisions in the same laws that mandate educational content.Under Article 6 of the Education Law,the government takes a 36.1d. 37.Despite the continued experimentation with private and quasi-private schooling,the vast ma- jority of China's universities are state-run,and receive most of their funding,outside of student tuition, from the government.Both the Communist Party and the government are intensely involved in the appointment of many university presidents,especially at elite universities in Beijing,Shanghai,and elsewhere.Indeed,the presidents of top Chinese universities have a governmental rank of vice minister, and are chosen by the State Council.The selection of presidents of other schools is usually handled by the Ministry of Education.RuQING Du,supra note 27,at 23.Although the government has recently allowed for the creation of quasi-private universities,these institutions are relatively few in number,and are subject to strict government oversight.The creation and administration of private education institu- tions is governed by the Non-Governmental Education Promotion Law of the People's Republic of China (adopted by the Standing Comm.of the Nat'I People's Cong.on Dec.28,2002,effective Sept.1, 2003)(P.R.C.),ailble at http://www.moe.edu.cn/edoas/website18/info1433.htm. 38.Education Law of the People's Republic of China (promulgated by the Nat'l People's Cong.on Mar.18,1995,effective Sept.1,1995)(P.R.C.),ailable at http://www.moc.edu.cn/english/laws_e. htm. 39.1d.art.28. 40.1d.art.30 41.Id.art.31 42.Higher Education Law of the People's Republic of China (adopted by the Standing Comm.of the Nat'l People's Cong.on Aug.29,1988,promulgated by Order No.7 of the President of the PRC, Aug.29,1988,effective Jan.1,1999)(P.R.C.),aailable at http://www.moc.edu.cn/english/laws_h. htm. 43.Id.The State's overall authority was also clearly delineated in this 1998 law.Article 13 of the law states that"the State Council shall provide unified guidance and administration for higher educa- tion,"and that provincial governments also have responsibility over the universities in their jurisdic- tion.Id.art.13.\\server05\productn\H\HLH\20\HLH2001.txt unknown Seq: 9 12-JUN-07 16:27 2007 / “Courageous Explorers” 149 regulations, and other documents related to education.36 In general, the law sought to give substance to the government’s policy pronouncements of greater autonomy for schools, while at the same time preserving significant government oversight.37 The result in many cases is a system of split au￾thority in which schools have significant latitude to make important deci￾sions, but must have these decisions approved by the government. The various policy statements on increased academic autonomy were adopted into law for the first time in 1995 with the passage of the Educa￾tion Law.38 Under Article 28 of the Education Law, educational institutions have the right to “autonomous management according to the [school’s] constitution.”39 Article 30 guarantees educational institutions the right to form their own management structure in accordance with government reg￾ulations.40 Article 31 makes clear that schools that meet certain criteria are independent legal persons, and that all schools “enjoy civil rights and inter￾ests and bear civil liabilities in civil activities according to law.”41 The Higher Education Law, passed in 1998, contains similar language.42 That law empowers universities to “run [their] schools on their own,” and gives them explicit, though by no means complete, authority over budgets; the hiring, firing, and evaluation of personnel; curriculum; and enrollment.43 Unfortunately, these provisions are undermined—at least rhetorically, if not legally—by other provisions in the same laws that mandate educational content. Under Article 6 of the Education Law, the government takes a 36. Id. 37. Despite the continued experimentation with private and quasi-private schooling, the vast ma￾jority of China’s universities are state-run, and receive most of their funding, outside of student tuition, from the government. Both the Communist Party and the government are intensely involved in the appointment of many university presidents, especially at elite universities in Beijing, Shanghai, and elsewhere. Indeed, the presidents of top Chinese universities have a governmental rank of vice minister, and are chosen by the State Council. The selection of presidents of other schools is usually handled by the Ministry of Education. RUIQING DU, supra note 27, at 23. Although the government has recently R allowed for the creation of quasi-private universities, these institutions are relatively few in number, and are subject to strict government oversight. The creation and administration of private education institu￾tions is governed by the Non-Governmental Education Promotion Law of the People’s Republic of China (adopted by the Standing Comm. of the Nat’l People’s Cong. on Dec. 28, 2002, effective Sept. 1, 2003) (P.R.C.), available at http://www.moe.edu.cn/edoas/website18/info1433.htm. 38. Education Law of the People’s Republic of China (promulgated by the Nat’l People’s Cong. on Mar. 18, 1995, effective Sept. 1, 1995) (P.R.C.), available at http://www.moe.edu.cn/english/laws_e. htm. 39. Id. art. 28. 40. Id. art. 30. 41. Id. art. 31. 42. Higher Education Law of the People’s Republic of China (adopted by the Standing Comm. of the Nat’l People’s Cong. on Aug. 29, 1988, promulgated by Order No. 7 of the President of the PRC, Aug. 29, 1988, effective Jan. 1, 1999) (P.R.C.), available at http://www.moe.edu.cn/english/laws_h. htm. 43. Id. The State’s overall authority was also clearly delineated in this 1998 law. Article 13 of the law states that “the State Council shall provide unified guidance and administration for higher educa￾tion,” and that provincial governments also have responsibility over the universities in their jurisdic￾tion. Id. art. 13