高校章程中学术机构及其运行模式——基于教育部核准的18所大学章程的文本分析

Study on Academic Institutions and Their Operating Modes——Based on text analysis of 18 university statutes approved by the Ministry of Education

大学章程的编制是落实依法治校、建设现代大学制度的关键。章程编制涉及问题繁多,其中最重要的问题之一是如何建立适应现代大学发展的学术治理体制。通过对18所部属大学章程的文本分析,发现各校章程对学术组织及其运行模式的规定存在着法律依据变动、条款表意含混、法定权力虚置、关系定位不清、程序衔接不严等问题,需要教育主管部门和高校统筹协调。对于编制章程的高校而言,要坚持学术自治、追求双重合法、条款严谨可诉;对于各级教育主管部门而言,要指引宏观方向、把稳核准关卡、留足创新空间。

Establishment of university statute is the key to the implement of governing university by law and construct modern university. Establishment of university statutes involves many issues, one of most important issues is the construction of academic governance system which adapts to the development of modern university.Based on the text analysis of 18 university statutes including PKU and THU, we found that the provisions of academic institutions and their operating modes in the statutes have the following problems such as change of legal basis, ambiguities of provision statement, imitation of statutory authority, unclear definition of relationship and imprecision of procedure links. It is in urgent need for education authorities and universities working together to solve problems. For colleges and universities, they should adhere to academic autonomy, pursuit the dual legitimacy and improve the rigor of provision. For all levels of education authorities, they should guide the strategic direction, strictly check the approval and guarantee enough autonomy for innovation.