论我国大学主体性的缺失与彰显——兼评《政府善治与中国大学的主体性重建》

On the Loss and Demonstration of University Subjectivity in China:Reflections on Professor XUAN Yong's New Book on Good Governance of the Government and Subjectivity Construction of Chinese Universities

我国大学在法律意义上拥有法人地位,但实际上仍是党政附属机构。欧洲中世纪大学从产生之日起就是法人,也是行会组织。现代大学的主体地位是一种法律赋权,是法律对大学地位和性质的认定,其主体性主要表现为一种法人的人格化特性。从现代法治建设的角度看,将大学的主体性置于法律框架下来考察,更有助于保障其地位,保护其权利。我国法律对大学作为民事法律主体的赋权很晚,大学主体性的缺失主要是因为外部社会制度和文化的直接作用。法人地位的落实和保障有利于彰显大学的主体性。

Although Chinese universities are regarded as legal entities, they are in fact affiliated to the Party and the government. Medieval universities in Europe had been recognized as corporate existence as well as scholastic guilds since their formation. The subjectivity status of modem university is a kind of legal empowerment which identifies the status and feature of the university. Thus, university subjectivity is mainly displayed as a kind of human character of the corporation. From the perspective of modem legal governance, it is conducive to safeguarding the status and rights of the university to consider the subjectivity of university under the framework of law. It was very late for Chinese universities to obtain the legal status of civic subject. Hence the loss of university subjectivity is the result of external social system and culture. The guarantee of corporation status is conducive to the manifestation of university subjectivity.