依法治校的困境与出路

School-running by Constitution:the Dilemma and Solution of School-running by Law

在《高等教育法》颁行10年的今天,中国高校办学自主权的真正落实仍然任重道远,许多体制性的老大难问题仍然没有根本缓解。在依法治校的主流话语下,其突出地反映在许多高校运行、管理、教育活动中属于经济社会文化性质的冲突和纠纷越来越频繁地诉诸于法律方式解决,而许多法律争议本质上是政府滥权与缺位的直接反映。因此,当前中国高校治理法治化问题首先是一个政府权力的规制亦即依宪治校的问题。只有站在宪法治理的高度实现大学与政府之间关系的科学性和法治化,才能从根本上突围高校由来已久的制度瓶颈,从而真正走上依法治校的正轨。

Though higher education law has enacted for 10 years heavy responsibilities are still shouldered to realize the autonomy of higher education in China many of institutional great difficulties are not fundamentally alleviated.Besides the mainstream discourse of school-running by law prominently lots of the conflicts and disputes in the course of school＇s running management educational activities which were economic social and cultural problems has more and more frequently being resorted to legal means while essentially many legal disputes are a direct reflection of Government＇s abuse and absence of power.Therefore currently the legalization of school-running need first and foremost standardize and restrict government power namely school-running by constitution.Only by fulfilling scientificity and legalization of the relationship between universities and government points of consitutionalism can fundamentally break of long-term＇s system bottleneck achieve and right path of school-running by law are on the road.