高等教育“放管服”改革的三张清单:权力清单、责任清单与负面清单

Three Lists of Reform in China’s Higher Education:About What Can,Should and Cannot Be Done

我国高等教育改革正经历从"管办评分离"到"放管服"纵深推进,但迄今为止,推出的政策举措仍囿于教育行政部门放权微调和落实高校办学自主权正面清单的改革思路。本文澄清并提出,高等教育领域"放管服"改革的目标是依照"法无授权不可为""法无禁止皆可为"的法治精神建立现代大学制度;具有实质性含义的改革举措在于落实三张清单:教育行政管理部门的权力清单、责任清单;以及有关高校"不得如何"的禁令性规定的"负面清单"和教育评价组织自主权的"负面清单"。

China’s reform in higher education is moving from the stage of"separation between administration,operation and evaluation"to the new stage of"streamlining administration and delegating powers,strengthening regulation,and improving services "( known as "release,governance and service"). However,the policy initiatives are still confined to the ideas of decentralization,fine-tuning and the implementation of the positive list of university autonomy. This paper is intended to clarify and put forward that the goal of the reform characterized by "release,governance and service"in the field of higher education is to establish a modern university system in accordance with the spirit of "nothing can be done without the authorization of the law"and "anything can be done if not prohibited by the law". The success in achieving a substantive reform depends on the implementation of the following three lists: the list of governmental power and responsibility concerning educational affairs;the negative list of prohibitive provisions on "what is not allowed"in colleges and universities and the negative list concerning the autonomy of educational evaluation organizations.