高校学生评教“权”的反思
发布时间：2018-07-13 17:44
【摘要】：高校学生评教是高校自治下的一种创新管理模式。随着民主因素在高校管理体制之中的渗透及大学自治时代的到来,众多高校将“学生评教”作为一种民主管理手段而倍加推崇。由于手段的创新永远先于制度的建构,以致造成了学生评教行为缺乏实体法律的规制及程序约束的结果。社会中的群体行为都会对社会本身造成相应的或积极或消极的影响。法律正是调节这些影响的机制之一,指引着事物向人们期待的方向发展。同时也对其可能产生的消极影响进行控制与防范。当前,针对高校学生评教缺乏制度规范的问题,我们应对学生评教行为进行分析,以实现它在高校民主管理制度上的作用,规避该行为可能产生的不良后果。在权利泛化的背景之下,将学生评教作为权利看待的主张得到我国部分学者的认同,但是反对的声音也不少。关于学生评教是否应归属于权利的问题,学术界也一直未能达成共识。学生评教是否应当作为一种权利对待,是高校学生评教体制构建的基础性问题。只有在对学生评教的性质和地位做出充分论证之后,才能建立起学生评教制度的正当基础。否则该制度只能作为一种临时管理手段,甚至将面临社会公众对其正当性的质疑。本文正是以分析学生评教行为性质、判断其地位为动机。通过高校学生评教形式上的分析及相关方利益的衡量,试图得出该行为真正的法律性质和当前阶段应处的位置。最后在程序上进行规范,以防止该行为对其他利益主体的侵害。据此,本文主要分成五个章节：第一章主要介绍高校学生评教的缘起及其概念的多样性；第二章主要陈述对于高校学生评教是否属于权利的主要论辩观点；第三章则利用霍菲尔德权利理论分析高校学生评教行为,得出该行为在形式上不属于权利的结论；第四章主要在赫克的利益法学相关理论指引下探索学生评教的利益纠葛,得出现今不宜将学生评教作为一种权利对待的结论；第五章在学生评教非权利结论的基础上,试图完善学生评教活动中的程序问题,以防止该行为不当导致其他主体权益的损害。
[Abstract]:College students' evaluation of teaching is an innovative management mode under the autonomy of colleges and universities. With the permeation of democratic factors in the management system of colleges and universities and the arrival of the era of university autonomy, many colleges and universities regard "students' evaluation of teaching" as a democratic management means. The innovation of the means always precedes the construction of the system, which results in the lack of substantive legal regulation and procedural constraints on the students' evaluation of teaching. Group behavior in society will have a corresponding positive or negative impact on the society itself. Law is one of the mechanisms that regulate these influences and guide things to the desired direction. At the same time, the possible negative impact of the control and prevention. At present, in view of the lack of institutional norms for college students' evaluation of teaching, we should analyze the behavior of students' evaluation of teaching in order to realize its role in the democratic management system of colleges and universities, and to avoid the possible adverse consequences of this behavior. In the context of the generalization of rights, some scholars in our country agree with the idea that students' evaluation of teaching is regarded as a right, but there are also many voices against it. There has been no consensus on whether students' evaluation of teaching should be attributed to their rights. Whether or not students should be treated as a right is a basic problem in the construction of college students' evaluation system. Only when the nature and status of students' evaluation of teaching are fully demonstrated, the proper foundation of the system of students' evaluation of teaching can be established. Otherwise, the system can only be used as a temporary management means, and will even face public doubts about its legitimacy. This paper is motivated by analyzing the nature of students' evaluation of teaching behavior and judging their status. Through the analysis of the form of college students' evaluation of teaching and the measurement of the interests of relevant parties, this paper tries to find out the real legal nature of the behavior and the position it should be placed in at the present stage. Finally, the procedure is regulated to prevent the behavior from infringing other stakeholders. According to this, this paper is divided into five chapters: the first chapter mainly introduces the origin of college students' evaluation of teaching and the diversity of their concepts, the second chapter mainly states the main arguments about whether college students' evaluation of teaching belongs to the right; The third chapter analyzes the behavior of college students' evaluation of teaching by using the theory of Horfield's right, and draws the conclusion that the behavior is not a right in form; the fourth chapter mainly explores the conflict of interests of students' evaluation of teaching under the guidance of Herk's theory of law of interest. The conclusion is that it is not appropriate to treat students' evaluation of teaching as a right at present. The fifth chapter tries to perfect the procedural problems of students' evaluation of teaching on the basis of the conclusion that students' evaluation of teaching is not a right. To prevent the misconduct from causing damage to the rights and interests of other subjects.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.16
本文编号：2120223
[Abstract]:College students' evaluation of teaching is an innovative management mode under the autonomy of colleges and universities. With the permeation of democratic factors in the management system of colleges and universities and the arrival of the era of university autonomy, many colleges and universities regard "students' evaluation of teaching" as a democratic management means. The innovation of the means always precedes the construction of the system, which results in the lack of substantive legal regulation and procedural constraints on the students' evaluation of teaching. Group behavior in society will have a corresponding positive or negative impact on the society itself. Law is one of the mechanisms that regulate these influences and guide things to the desired direction. At the same time, the possible negative impact of the control and prevention. At present, in view of the lack of institutional norms for college students' evaluation of teaching, we should analyze the behavior of students' evaluation of teaching in order to realize its role in the democratic management system of colleges and universities, and to avoid the possible adverse consequences of this behavior. In the context of the generalization of rights, some scholars in our country agree with the idea that students' evaluation of teaching is regarded as a right, but there are also many voices against it. There has been no consensus on whether students' evaluation of teaching should be attributed to their rights. Whether or not students should be treated as a right is a basic problem in the construction of college students' evaluation system. Only when the nature and status of students' evaluation of teaching are fully demonstrated, the proper foundation of the system of students' evaluation of teaching can be established. Otherwise, the system can only be used as a temporary management means, and will even face public doubts about its legitimacy. This paper is motivated by analyzing the nature of students' evaluation of teaching behavior and judging their status. Through the analysis of the form of college students' evaluation of teaching and the measurement of the interests of relevant parties, this paper tries to find out the real legal nature of the behavior and the position it should be placed in at the present stage. Finally, the procedure is regulated to prevent the behavior from infringing other stakeholders. According to this, this paper is divided into five chapters: the first chapter mainly introduces the origin of college students' evaluation of teaching and the diversity of their concepts, the second chapter mainly states the main arguments about whether college students' evaluation of teaching belongs to the right; The third chapter analyzes the behavior of college students' evaluation of teaching by using the theory of Horfield's right, and draws the conclusion that the behavior is not a right in form; the fourth chapter mainly explores the conflict of interests of students' evaluation of teaching under the guidance of Herk's theory of law of interest. The conclusion is that it is not appropriate to treat students' evaluation of teaching as a right at present. The fifth chapter tries to perfect the procedural problems of students' evaluation of teaching on the basis of the conclusion that students' evaluation of teaching is not a right. To prevent the misconduct from causing damage to the rights and interests of other subjects.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.16
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，本文编号：2120223
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