新中国成立70年来高等教育法治建设的回顾与展望

The Retrospect and Prospect of the Construction of the Rule of Law in Higher Education in the Past 70 Years Since the Founding of New China

新中国成立70年来,我国高等教育法治建设历经起步探索、艰难维持、逐步恢复、快速推进、全面深化五个阶段,高等教育法律体系日臻成熟、行政法治深入推进、依法治校取得实效、高校法治教育观念深入人心、学生权益司法保障成效明显。展望高等教育法治建设未来,应以教育现代化2035为指引,推动高等教育领域科学立法、全面完善高等教育法制体系,优化高等教育行政执法体制、全面推进高等教育法律实施,深入实施依法治校、全面提升高校法治化水平,强化高等教育领域法治教育、全面增强法治教育对象法治观念,完善高等教育领域争议解决机制、切实维护利益相关主体合法权益。

In the 70 years since the founding of the People’s Republic of China,the rule of law in higher education(RLHE)has gone through five stages:initial discovery,difficult persistent,gradual recovery,rapid advance and deepening in all-round way.The legal system of higher education is becoming more and more mature,the administrative rule of law is developing in depth,the managing school by law gets an actual effect,the judicial protection of students’rights and interests is having a demonstrable effect,and the concept that education is ruled by law in colleges and universities is deeply rooted in the public mind.Looking forward to the future of RLHE,the author advocates to take"China’s Education Modernization 2035"as the guide,which requires to promote scientific legislation in the field of higher education and perfect the legal system of higher education in an all-round way.It is important to optimize the system of administrative law enforcement in higher education and promote the comprehensive implementation of higher education law.Meanwhile,the managing school by law should be carried out in depth so as to improving the level of legalization in colleges and universities in an all-round way.Higher education should pay more attention to the rule of law education so that the concept of the rule of law is engraved on everyone’s mind.And it is high time to perfect the dispute settlement mechanism in the field of higher education and-e3 ar6 n-estly safeguard the legitimate rights and interests of stakeholders.