我国高等教育督导体系建构逻辑与路径探究

Exploration on the Construction Logic and Path of Higher Education Supervision System in China

在依法治国背景下,高等教育领域依法治教重要性凸显,亟待建立高效规范的高等教育法治体系。在管办评分离背景下,高等教育管理、办学和评价体系呈独立发展趋势,其中健全的监督评价体系是高等教育高质量发展的保障。研究分析高等教育督导法治进程与实践进程,发现其发展相对缓慢,功能存在缺位,并由此产生了一系列诸如政府侵犯高校办学自主权、高校侵犯师生权益等治理问题。借助行政法学理论分析高等教育督导本质属性,梳理督政、督学和评估监测三项职能的核心权责关系,可以明确高等教育督导缺位的根本原因。根据督导行为产生的法律效果,发现高等教育督政是典型的内部行政行为;高等教育督学是多样态的外部行政行为;评估监测为转向多元参与的外部行政行为。在明确权责关系的基础上提出构建我国高等教育督导体系应遵循法治逻辑,在补齐督政、督学及评估监测功能短板的基础上,以立德树人为主干,督政、督学、评估监测协同发展,法治化、数智化、专业化为导向。

In the context of governing the country according to law, the importance of administering education in higher education institutions in accordance with the law is becoming increasingly prominent, and it is urgent to establish an efficient and standardized legal system for higher education. Under the background of separating administration, operation, and evaluation, the management, operation, and evaluation systems of higher education are showing independent development trends, with a sound supervisory evaluation system serving as a guarantee for the high-quality development of higher education. Through research and analysis of the legalization process and practical progress of higher education supervision, it has been found that its development is relatively slow, with functional deficiencies, which has led to a series of governance issues such as the government infringing on the autonomy of universities and colleges, and universities and colleges infringing on the rights and interests of teachers and students. By analyzing the essential attributes of higher education supervision with the theory of administrative law and clarifying the core rights and responsibilities of the three functions of government supervision, educational supervision, and evaluation monitoring, we can identify the root causes of the deficiencies in higher education supervision. Based on the legal effects of supervisory actions, it has been found that higher education government supervision is a typical internal administrative action;higher education educational supervision is a diversified external administrative action;and evaluation monitoring is an external administrative action that shifts towards diversified participation. Based on clarifying the relationship between rights and responsibilities, it is proposed that the construction of China’s higher education supervision system should follow the logic of the rule of law. On the basis of strengthening the functions of government supervision, educational supervision, and evaluation monitoring, with moral education as the backbone, the coordinated development of government supervision, educational supervision, and evaluation monitoring should be pursued, guided by legalization, digitization, and professionalization.