高等学校自主权概念研究

On the Concept of the Autonomous Rights of Colleges

高等学校自主权是一个极其复杂的概念,源于西方大学的自治权,就性质而育,有时表现为权力,有时又表现为权利;就内容而言,有的表现为权力,有的表现为权威。在我国的权力语境中,高校自主权就是指高等学校依据法律、法规的规定,以办学目标为基础,以学术自由为主要内容,按照自身特点和内部规律的要求,由其章程所规定、效力只及于内部成员的自主决策、自主实施、自主承担责任的资格和能力.

The concept of autonomous rights of higher education has its origin from the Western universities. It represents itself either in the form of power as far as its nature is concerned or in the form of authority as far as its content is concerned. In the Chinese power context, autonomous rights of higher education refers to the qualification as well as capability of the higher educational institutions＇ independent decision making and implementation and liabilities assuming in strict accordance with China＇s laws and regulation, and constitutions on the basis of their own aims and with academic freedom as their main content, which are stipulated by their internal constitutions, follow the requirements of their own characteristics and internal law and only involve their own staff members.