以章程为核心的现代大学制度体系建构探析

Analysis on the Construction of Modern University System with Regulation as the Core

章程是大学的"宪法",是现代大学制度的重要载体,其生命力在于实施。当前我国大学章程在实施过程中面临着核心地位边缘化、制度体系无序化、制度内容重叠化、制定程序随意化和民主监督形式化等主要困境,唯有构建"学校章程—基本制度—工作制度—部门规章"四个层级制度体系,从法治思维、制度建构、执行主体、制度内容和管理体制五个方面实现转变,才能有效地推动大学依法治校。

The regulation is the "constitution" of the university, an important carrier of the modern university system, and its vitality lies in its implementation. At present, the implementation of the regulation of the university in China is faced with the main predicaments such as the marginalization of core status, the disorder of the system, the overlapping of institutional contents, the liberalization of procedures, and the formalization of democratic supervision. Only by constructing four levels of institutional system:"School regulation-Basic institution-Work System-Department Regulations" can the regulation of the university be changed from the five aspects :the rule of law thinking, institution construction, executive body, system content and management system and can we effectively promote the university to govern the school according to law.