我国大学章程制定中存在的问题及对策研究

A Study of Problems in Formulating University Regulations and Countermeasures in China

大学章程是大学中的"宪法",连接着外部教育法律体系与内部的具体规章制度,是一所大学的纲领性文件。目前我国大学章程的建设正处于起步阶段,尤其是具有民族特色的高校,大部分是刚刚启动章程制定工作,在章程制定过程中出现了章程的法律地位模糊,章程制定过程缺乏规范性,章程的表述空洞模糊、操作性不强,章程内容结构性缺失且个性不足等问题。

University regulations, regarded as the ＂ constitution＂ of universities, constitute a programmatic document for universities, linking external educational legal system with internal specific rules. At present, the construction of university regulations in China is still in its initial stage, especially for universities with ethnic characteristics, which are just starting the work. In the process of formulating regulations, problems have occurred such as fuzzy legal status, lacking normalization, empty and ambiguous expressions, weak operability, structural deficiency of contents and lacking individuality. The causes of these defects are multi-dimensional： including historical, environmental, social, conceptual and institutional reasons, as well as reason of the current system and universities. In western developed countries, the construction of university regulation is relatively mature, which deserves our contemplation and learning in order to solve our problems.