软硬法制度文本中学术委员会党政领导占比及非党政领导占比分析——基于16所高校的学术委员会章程

Proportion of Party-Government Leaders to Non-Party-Government Leaders of Academic Committees in Soft and Hard Law System——a Case Study of the Academic Committee Charters of 16

高校作为社会的一部分,其治理模式是一个长期争论的学术话题,而依托教授治学是重要治理方式。其中,软硬法兼施是高校教授治学法制化的重要特色。学术委员会中党政领导占比及非党政领导占比的规定是软硬法制度在教授治学方面的重要体现,对于高校学术管理意义重大。选取16所高校的学术委员会章程(软法)与教育部的《高等学校学术委员会规程》(硬法)作比较,发现党政领导占比扩大,非党政领导占比被压制。其原因在于:软法撰写与审议缺乏专业人士,立法过程缺乏核定环节;行政权力过强,教授治学文化氛围不足。欲消除弊端,亟需坚持上位法与下位法协同一致的原则,完善校内审议与校外核准程序,协调行政权力与学术权力,强化教授治学文化。

The university is part of society,and its governance mode is a long-term controversially academic topic,and relying on professors to conduct academic studies is an important governance method. Of which,the mixed governance of soft and hard law is an important feature of the legalization of college professors. The regulations on the proportion of party-government leaders to non-party-government leaders in the academic committee are important symbol of professor governance,which has a great significance on academic management in university. Comparing of the charter of academic committee of 16 universities with Advanced Academic Committee Regulations of Ministry of Education,it concluded that the proportion of party-government leaders increases,while the proportion of non-party-government leaders has been significantly suppressed. The reasons for the problems are as follows:no professional takes part in the writing and scrutinizing the soft law,and no step of checking and ratifying in the legislative process;excessive administrative power and insufficient academic cultural atmosphere for professors. To eliminate the defects,it is urgent to adhere to the upper law in accordance with the principle of coordination and consistency with the lower law,improve the internal deliberation and external approval procedures of universities,coordinate the administrative power and academic power,and strengthen the academic culture of professors.