法治视域下的现代大学制度建设

Construction of Modern University System from the Perspective of Rule of Law

我国的大学制度历经政治化、行政化和法治化三种形态,现代大学制度呈现法治化形态。与法治建设一样,现代大学制度建设是由政府自上而下推进的,两者具有时间上的同步性、路径上的相通性。中国法治实践正在描绘的一幅可能的法治图景是:从法律制度的完善到法治理念的凝练再到法治文化的型塑。这个法治图景对现代大学制度建设具有指引性,现代大学制度建设因而也将从三个层面实现法治构造,即以大学章程为核心的现代大学制度体系建设,以依法治校、以人为本、学术自由、主体平等为重点的现代大学理念建设,以理性文化和权利文化为基础的现代大学文化建设。

The university system in our country has gone through three kinds of forms, which are politicization, administration and legalization. And now the modern university system takes the form of legalization. Just like legal construction, the construction of modern university＇ system is promoted by government, and the two have the same characteristic of synchrony ifi time and interconnection in path. A possible prospect of constitutionality being described by Chinese legal practices is what from the perfection of legal system to the conciseness of legal idea, and then to the shape of legal culture. This legal prospect can be guidance to the construction of modern university system, so that the sys- tem will realize its legal construction from three levels, i.e. the construction of modern university system which takes university statutes as the core, the construction of modern university idea which focuses on managing the university by law, people oriented, academic freedom and equality of the subjects, and the construction of modern university culture which is based on rational culture and right culture.