新时代高校行政法治:逻辑基础、风险构造及应对机制——兼评《关于进一步加强高等学校法治工作的意见》

The Logical Basis,Risk Structure and Coping Mechanism of Administrative Rule of Law in Colleges and Universities in the New Era:Opinions on “Further Strengthening the Work of Rule of Law in Colleges and Universities”

教育部《关于进一步加强高等学校法治工作的意见》从五个重点建制和十个关键内容层面描绘了高校法治工作蓝图,新时代高校行政法治建设是高校法治工作的核心。逻辑基础是以落实办学自主权为起点、实现高校良规善治和公平正义、完成社会主义国家高校的五大使命。风险构造主要表现为治理时法律、校规未明确引发的法律争议,概括为四种类型:主体权限充足性、行为目的正当性、满足程序正义及无漏洞救济。从落实办学自主权的"放"与"接"、建立及完善预审与决策机制、提升正当程序适用实效、衔接主观诉讼救济制度等方面提高高校防范化解法治风险的能力、健全体制机制,实现教育"十四五"规划目标。

The Ministry of Education’s"Further Strengthening the Work of Rule of Law in Colleges and Universities"describes the blueprint of the work of rule of law in colleges and universities from five key organizational systems and ten key content levels.The construction of administrative rule of law in colleges and universities in the new era is the core of the work of rule of law in colleges and universities.The logical basis is to implement the autonomy of running a school as the starting point,to achieve good governance and fairness and justice,and to complete the five missions of colleges and universities in socialist countries.The risk structure is mainly reflected in the legal disputes caused by the unclear laws and school rules,which can be summarized into four categories:the adequacy of the subject’s authority,the legitimacy of the purpose of the behavior,the satisfaction of procedural justice and the remedy without loopholes.We should improve the ability of colleges and universities to prevent and resolve legal risks,improve the system and mechanism,promote the modernization of the governance level of colleges and universities by means of the rule of law,and strive to achieve the goal of the 14 th Five-Year Plan(2021-2025)to strengthen education.