教育法视角下我国高校自主权的保障机制研究

发布时间：2018-11-17 15:47

【摘要】：近年来,随着高等教育体制的改革,高校自主权问题逐渐成为理论界研究的对象,已成为高等教育领域改革的焦点。因为其既是高等教育学领域的问题,又涉及法学的理论知识,所以更受教育学及法学方面的专家学者的关注。在我国的法律规范中,对高校自主办学活动中的权利做了简要的规定,并规定了高校在民事活动中的独立法人资格,这些规定对于推进高校自主权的落实与完善具有重要的意义。但是通过对高校办学自主权实施现状的分析,我们发现高校的办学活动仍遭受着来自政府的过度干预,高校自主权并未得到实现,为此,如何确保高校自主权的顺利落实便成为需要我们思考的问题,也是本文的研究对象。本文以高校自主权的概念这一基本问题为着眼点进行了分析,认为高校自主权是指高校依据法律和政策,遵照教育教学规律,结合其自身目标定位和办学特点,以学术自由为核心内容而进行的自主决策、自主执行和自主监督的权能。其次,运用实证分析方法对高校自主权的实施过程中存在问题及其成因进行了分析。鉴于我国高校自主权的实现还面临着诸多问题和障碍,本文结合我国具体国情,试图从教育法角度构建我国高校自主权的保障机制,即包括以下四个方面的对策：一是要明确界定校府关系,确定高校自主办学的主体资格；二是将高校自主权写入宪法,使之获得宪法保护；三是明确高校在自主办学中的权利、义务与责任,高校在自主办学活动中要依法进行,勇于担当；四是要完善高校自主权的监督机制。如何保障我国高等学校的自主权是一项系统而复杂的工程,涉及面广,且不是一蹴而就的。本文仅仅是一次初浅的探索,期望运用有效的管理机制和措施,来不断完善我国高校的自主权并保障其能顺利实施。本文提到的我国高校仅指我国大陆地区的公立高等学校。
[Abstract]:In recent years, with the reform of higher education system, the autonomy of colleges and universities has gradually become the object of theoretical research, and has become the focus of reform in the field of higher education. Because it is not only a problem in the field of higher education, but also a theoretical knowledge of law, it is paid more attention by experts in pedagogy and law. In the legal norms of our country, the rights in the independent school running activities of colleges and universities are briefly stipulated, and the independent legal personality of colleges and universities in civil activities is stipulated. These regulations are of great significance to the implementation and perfection of the autonomy of colleges and universities. However, through the analysis of the present situation of implementing the autonomy of running a university, we find that the school running activities of colleges and universities are still subject to excessive interference from the government, and the autonomy of colleges and universities has not been realized. How to ensure the smooth implementation of the autonomy of colleges and universities has become a problem that we need to think about, and it is also the object of this paper. Based on the analysis of the concept of autonomy in colleges and universities, this paper holds that the autonomy of colleges and universities refers to the orientation of their own goals and characteristics of running a school in accordance with the laws and policies, in accordance with the laws of education and teaching, and with the combination of their own objectives and characteristics of running a school. The power of independent decision-making, autonomous execution and independent supervision with academic freedom as its core content. Secondly, the paper analyzes the problems and causes in the process of implementing the autonomy of colleges and universities by using the empirical analysis method. In view of the fact that there are still many problems and obstacles in the realization of the autonomy of colleges and universities in our country, this paper tries to construct the guarantee mechanism of the autonomy of colleges and universities from the angle of education law according to the specific conditions of our country. That is to say, the countermeasures include the following four aspects: first, to clearly define the relationship between the university and the government, and to determine the main qualifications of the independent running of the university; The second is to write the autonomy of colleges and universities into the constitution so that it can be protected by the constitution, the third is to make clear the rights, obligations and responsibilities of colleges and universities in the process of running a school independently. Fourth, we should perfect the supervision mechanism of the autonomy of colleges and universities. How to guarantee the autonomy of colleges and universities in China is a systematic and complex project involving a wide range and not accomplished overnight. This paper is only a preliminary exploration, hoping to use effective management mechanism and measures to continuously improve the autonomy of colleges and universities in China and ensure its smooth implementation. The universities mentioned in this paper only refer to the public institutions of higher learning in mainland China.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：G647

【参考文献】