大学有效治理的法理分析

Jurisprudential Analysis of Effective Governance of University

大学有效治理的实质是依据大学权力运行规律,在分权制衡的基础上,实现权力对权力的制约以及权利对权力的制约。大学实现有效治理,需要明确界定政府行政管理权和大学自主权、以及行政权力和学术权力的范围,用大学权利和社会权力制约政府权力;用社会权力制约大学权力;行政权力和学术权力相互制衡;保障教师、学生、社会公众等利益相关主体权利,实现对学术权力和行政权力的制约。美国大学治理充分体现了分权制衡的思想,对我国大学实现有效治理具有借鉴意义。反思我国大学治理的立法和运行现状,应当构建有效的治理结构,做到政府宏观调控,大学依法办学、自主管理,教工民主监督,社会有效参与。

The essence of effective governance of university is that on the basis of the separation and balance of powers, power restricting power and right restriction of power can be achieved to realize effective governance of university, so it is necessary to clearly define the scope of government administrative management and university autonomy, and the scope of the administrative power and academic power, with the power of the government being restricted by university power and social power, the social power restriction on university power; administrative power and academic power being checks and balances. And it is also necessary to protect the interests of teachers, students and the social public and other related right subjects so as to realize restraint to academic power and administrative power. American university governance fully embodies the idea of separation and balance of powers, and it is instructive and helpful to the effective governance of university in china. Though reflecting on status quo of legislation and operation of university governance in china, effective governance structure should be built, so the government can perform macroeconomic control, the university can adhere to the law school and self management, the staff can develop democratic supervision, and the community can effectively participate in it.