略论产业转型背景下政府与高校专业设置权的配置

On Distribution for the Power of Major Setting between Local Governments and Universities under the Background of Industrial Transformation

法学视角下,高等学校本科专业设置权不仅具有公权力的属性,同时也属于高校自主办学的基本权利范畴。在产业转型的背景下,我国现有的专业设置体制已不能适应高等教育改革与发展的需要,亟待依照高等教育规律与现代法治的要求重新配置政府与高校的专业设置权。省级地方政府应当以地方立法规范专业设置权的行使,高校应当在大学章程中载明本校专业设置的基本思路。

From a view of law, the power of setting undergraduate maior for universities belongs to the features of executive power as well as within the range of their basic independent management power. Under the background of industrial transformation, current major setting system has not been fit for the demands of higher educatioffs reform and development, which need redistribute major setting power between these two parties as higher education regularity and rule of law. For provincial governments, it is necessary for them to legislate for appropriate use of major setting power, but for universities, they need to clearly explain their basic thought in the university constitution.