中世纪欧洲大学“学者社团”之法理解析

Legal Analysis on the Status of Medieval Universities As "Universitas Magistrorum et Scholarium"

大学起源于中世纪欧洲。起源时,其法律名称是"学者社团"。中世纪大学是学者的自治组织,具有法人资格和自治权。与其他社团如教会、城市和行会等相比较,中世纪大学具有成员是学者、目的是探索高深学问、内部构造是"联邦制"等特征。中世纪大学的法律地位与我国大学的法律地位不具有可比性。我国现行法律上与其最近似的是"社会团体法人"。

Universities originated in the Medieval ages, and were called ＂universitas magistrorum et scholar- ium＂. The Medieval universities were autonomous organizations, with corporate qualification and autonomy. As universitas magistrorum et scholarium, the Medieval universities had their own unique characteristics different from other groups such as churches, gilds or cities. They were composed by scholars, aimed to explore pro- found knowledge, and had a formation of federalism. The legal status of Medieval universities is not that of uni- versities of China. They seem to be similar to the corporations in China＇s present law system.