大学治理的法理证成

Legal Justification of University Governance

大学治理是为有效实现大学目标而进行的制度安排,是构建学术秩序的法律行为。大学治理不同于大学管理,它侧重于立法层面,强调多主体的共同参与,体现了合理性、合法性和正当性三者的有机统一。其合理性源于大学的独立精神,表现为学术自由的制度化;其合法性源于大学法人实体的存在,表现为大学治理的合法律性与合政策性;其正当性源于当前我国大学从无序到有序的追求,表现为大学的分权与共治以及最终的"良法善治"。

University governance is a system arrangement to realize the target of univer- sity, which is the legal act of constructing academic order. University governance which fo- cuses on the legislative level, is different from the university management, emphasizing the multi subject participation and embodying the organic unity of rationality, legitimacy and va- lidity. Its rationality is derived from the independent spirit of university, noted as the insti- tutionalization of academic freedom; its legitimacy is derived from the existence of university legal entity, noted as the support of policy and legality; its validity is derived from the pursuit of our university from disorder to order, noted as the process of university decentralization and shared-governance, as well as the final ＂good law and good governance＂.