论大学自治的宪法保障

On the Constitution Guarantee of University Autonomy

随着近现代法律体系的完善,尤其是宪法的确立和发展,大学自治逐渐被纳入宪法的保障。宪法保障大学自治的基本结构是以大学法人化为基础,依大学之性质赋予大学基本权利主体地位。其中,私立大学受保障的强度和范围高于公立大学。

University autonomy is gradually taken into constitution guarantee, accompanied by the evolution of modern legal system, especially along with the establishment and development of constitution. The constitution, whose guarantee was based on the legal corporation of universities, conferred the subject status of fundamental right upon the universities according to their natures. The guarantee on private universities was stronger than that on public universities.