中国的大学治理:法治意义及其实现

University Governance in China: Significance of Rule of Law and Its Realization

法治蕴含丰富的价值内涵,依法治国已成为治国方略被写入宪法。运用法治思维、价值与方法推进我国大学治理,有利于实现大学的目的与理念。我国大学治理中的法治缺失明显,应当从制约行政权力、保障学术权利、形成独立的法人治理结构出发,建立在法治架构基础上的大学治理的确定性、规范性与合法性。

Rule of law, endowed with rich connotations, has been written into the Constitution as a governing strategy. Taking rule of law as a guiding principle in our university governance is beneficial to achieving universities’ educational objectives. Rule of law, however, is conspicuously absent from our university governance. Hence, we should constrain the administrative power over universities and thus protect their academic freedom. Besides, an independent corporate governance structure must be established to ensure that our universities are governed in a definite, standard and legitimate manner.