试析我国高校学生自治权的现状及其保障——基于政策文本的分析

The Status Quo of College Students' Autonomy and Its Guarantee:A Study Based on an Analysis of the Policy Texts

在当前高校与学生法律关系转型期,我国高校学生组织在章程的制定、领导人的产生、运行方式等方面的自治水平比较高,但在经费、校政参与、监督等方面又存在诸多限制。同时,从法律法规、时代特征、历史传统、内部制度、校生法律关系、运转经费、资格、意识与能力来看,我国高校学生自治已经具备了一定的可行性,赋予高校学生自治权是当今高校内部管理体制改革的必然趋势。但目前高校学生自治权还很不明显,必须采取完善法律法规、加强制度和机构建设、保障经费筹措、转变观念、提高主体意识与能力等措施来保障高校学生自治权。

In this period of transition in the legal relationship between the university and its students, students＇ organizations in China enjoy relatively high degree of autonomy in formulating regulations and selecting their leaders and operating modes but they are also faced with quite a few restrictions in using funds and participating in school management and supervision. However, considering the laws and regulations, characteristics of the times, the internal system, the legal school-student relationship, fund raising and using, and their qualifications, consciousness and ability, students＇ autonomy in China＇ s colleges and universities has become possible and feasible. In fact granting them high degree of autonomy has become an inevitable trend in the reform of the internal management system of the school. However, so far students＇ autonomy has not been realized yet. So it is imperative to improve the laws and regulations, strengthen the system and organizational construction, guarantee the collection of funds, transform people＇ s mind, and enhance students＇ subject consciousness and their ability so as to guarantee college students＇ autonomy.