高校违法行政行为探析——侧重于权力制约角度的思考

On illegal administrative activities in colleges and universities ——from the perspective of restraints on power

高校违法行政行为是在促进高校依法治校进程中应该引起重视的一种行为。从权力分析的角度看,因为高校的教育行政权是一种微观的公共影响力,与师生的利益有密切的关系,从而导致高校违法行政行为表现为:直接侵害行政相对人的具体利益;违法行政行为与组织内部管理权的泛化等有关;不按程序行使职权,忽略了合法性;违法行政行为多样化与矛盾的普遍性绞合在一起等等,而产生的原因可以归结到一点就是对权力缺乏制约。因此,要从根本上解决高校违法行政行为问题,必须明确权限,严格权力行使度,清理违法规章,实行政务公开,增加权力动作透明度。

Illegal administrative activities in colleges and universities should be attached great importance upon in accelerating the process of regulating colleges and universities according to law. From the perspective of analysis on power, since administrative power of education in colleges and universities is a micro power of public influence which directly influences the interests of teachers and students, illegal administrative activities have shown 4 distinctive characteristics: interests of administrative counter-person are directly infringed upon; these activities are related with too much generalization of internal administrative power; they are not carried out in consistency with legal procedures, thus neglecting legitimacy; though having different features, they have shown a common problem, that is, there is a lack of restraints on the exercise of power. Therefore, in order to eliminate the illegal administrative activities in colleges and universities, both the extent of power and the extent of the enforcement of power should be clearly defined. We should also eliminate illegal rules and regulations and open administration to improve the transparency of power enforcement.