大学治理法治化:核心要义、价值目标与机制选择

University Governance Based on Rule of Law: Fundamental Connotation, Value Goals and Mechanism Selection

大学治理法治化是大学治理现代化的重要维度。大学治理法治化以促进大学依法独立自主办学和学术自由为根本目的,是对大学公域公权力之间、公权力与集体性或个体性自由权利之间协调互动的规范化、制度化、合法化建构。其基本价值目标在于秩序有度和实质自由。在秩序与自由的合理张力中,大学治理法治化需要运用硬法软法相互结合的开放视野,理性选择和设计相应的法规范创制、实施等机制,推动大学公域的良法善治。

University governance based on rule of law is an important dimension of the modernization of university governance. The fundamental purpose of university governance legalization is to promote the university’s independence and academic freedom. It is a standardized, institutionalized and legalized construction of the coordinated interaction between public power and between them with collective or individual freedom rights. Its basic value goal lies in order and substantive freedom. In the reasonable tension between order and freedom, the legalization of university governance needs to use the open vision of the combination of hard law and soft law, and rationally select and design the corresponding mechanism of creating legal norms and their implementation, so as to promote the good law and good governance in university public domain.