Though higher education law has enacted for 10 years, heavy responsibilities are still shouldered to realize the autonomy of higher education in China, many of institutional great difficulties are not fundamentally alleviated. Besides the mainstream discourse of schoolrunning by law, prominently lots of the conflicts and disputes in the course of school’s running, management, educational activities, which were economic, social and cultural problems,has more and more frequently being resorted to legal means, while essentially many legal disputes are a direct reflection of Government’s abuse and absence of power. Therefore, currently the legalization of school-running need first and foremost standardize and restrict government power, namely schoolrunning by constitution. Only by fulfilling scientificity and legalization of the relationship between universities and government points of consitutionalism, can fundamentally break of longterm’s system bottleneck achieve and right path of schoolrunning by law are on the road.