高等学校自主办学的法律分析

A legal Analysis of University Autonomy

从词源和历史意义上理解autonomy(自主)和self-governance(自治),强调外部关系的自治是"自主"的组成部分。研究我国高等教育改革及其问题,应当从《高等教育法》出发。建议采取文义解释和体系性解释等方法,全面完整深入地理解我国法律规定的"依法自主办学",其中第9条和第10条规定的受教育权、"学术自由",尤其是后者构成高校依法自主办学的基础和内在限制。第四章规定的七个方面的高校办学自主权,在具体落实过程中被采取了限缩解释的方法,妨碍了法律规定的办学自主权的实现。摒弃已有法律规范空谈高校办学自主权,与仅强调相对政府的外部自治,都不足以解决目前中国高校面临的办学自主权不足的问题。高校必须内外兼修,全面加强治理,科学认识依法自主办学与国家、市场和社会的关系。我国应当发挥全国人大及其常委会的作用,加强法律解释,明确法定办学自主权的范围及其限度。

From the etymological and historical significance, self-governance which emphasizes the external relations is included in autonomy. Studies on the reform of higher education of China and its relevant issues should start from ＂Higher Education Law of the PRC＂. It is s.ggested that a comprehensive, thoro.gh and in-depth understanding of the meaning of ＂university autonomy according to law＂ stipulated in the law should be taken in the form of both literal interpretation and systematic interpretation. The ＂right to education＂ and ＂academic freedom＂ prescribed in Articles 9 and 10, especially the latter one, constitutes a legal basis as well as inherent limitations for university autonomy. The seven aspects of the university autonomy set forth in chapter Ⅳ have been adopted in the form of restrictive interpretation in the course of implementation, which hinders the realization of university autonomy prescribed in the law. That only stressing the external self-governance of university autonomy without taking the existing laws into consideration is insufficient to solve the autonomy deficiency. Universities must refine it both internally and externally, strengthen its overall governance, and understand the relationship between university autonomy and the state, market as well as society in a scientific way. The National People＇ s Congress and its standing committee of PRC are supposed to play more role in improving the legal interpretations, and clarifying the scope and limits of university autonomy in the legal context.