It is the objective of the higher education reform and development in China to establish a modern system of universities,which lies on a legal system on modern universities.Institutionalization and modernization of the university system have started in China in the transition period while the legal system concerning universities is backward and defective.Only when the legal system of universities are modified and improved and the direction of higher education is incorporated in legislations that path dependence can be avoided,achievements in higher education reform can be reinforced,higher education can develop in a sustainable way,the strategy of reviving the country by science and education and talent development can be implemented,and the objectives of higher education and social development can be achieved.