高校办学自主权授权说质疑

On the View of Authorized Public Institutes of Higher Education

高校办学自主权来自法律或教育行政部门的授权,这一观点得到实务界甚至学界普遍接受。虽然它迎合了法律对高校定位为事业单位的民事法人及由此阐发的高教行政案件审理的需要,但这种观点的缺陷明显并且与原本意义的行政主体概念扞格而无法准确确立高校的法律主体地位,也无法给高校提供应有发展的空间。高校办学自主权是宪法赋予的,高校本质是独立的公法人。

The autonomy of running university in our country is authorized by law or educational administrative departments, which is generally accepted by practitioners and academic circle. Although it caters to the jurisdiction of law over institution of higher education as civil corporation, this view has obvious shortcomings, and contradicts the original meaning of the concept of administrative body and cannot accurately establish the legal position of our national public institutes of higher education, thus unable to provide public institu- tes of higher education with the necessary room to develop. The running autonomy of our national public institutes of higher education is a constitutiona｜ right of freedom and public institutes of higher education are independent public corporations in nature.