基于制度进路的法治高校评估模型构建

Law Evaluation Model in University Based on The Institutional Approach

法治高校作为法治社会的有机构成,是建立现代大学制度的核心内容。改革开放以来,伴随国家法治化进程,具有中国特色的高等教育法律体系基本形成,但法律操作性不强、难以评估成为法治高校建设推进的瓶颈。基于现行法律框架分析的制度进路,法治高校的评估要素可从以高校师生为多元治理主体、以实体教育法律规范为基本框架、以各种有效方式治理高校为主要内容、以高校治理能力及治理体系现代化为目标的四个方面得到诠释。在评估要素的指引下,运用德尔菲法进行调查,结合专家访谈法的采样统计,法治高校评估模型应包括制度建设、高校法治职能履行、目标实现、权益保障、效果监测五大因素共计14项具体评估点,将法治高校的评估要求转化为可操作的具体行为要求,形成法治高校建设的内在驱动力。

As the organic composition of the society ruled by law, rule of law in university is the core to establish modern university system. Since Reform and Opening Up, along with the country ruled by law in procession, the higher education law system with Chinese characteristics is already formed, but the lack of maneuverability and assessment become the bottleneck of construction to promote the rule of law in university.Based on the analysis of the current institutional law framework approach, the evaluation elements of the university ruled by law can be interpreted from the four aspects, which take the teachers and students as governing subjects, the existing law as the basic framework, the effective governance as the main contents, the modern management ability and the management system of university as the goal. Under the guidance of the evaluation elements, using the Delphi method to investigate and combining with the sampling statistics of expert interview, the evaluation model of university ruled by law should include 14 specific evaluation points in the five functions of the system construction, which are system construction, the performance of legal functions of universities, the realization of goals, the protection of rights and interests and the monitoring of effect. The evaluation model of university ruled by law can be transformed into operational concrete behavior requirement,which forms the internal driving force of the construction of the legal university.