Modern university governance theory emerged and developed with the establishment of the modern university system. since20 Since the century, the diversification of university functions and the rapid expansion of the scale of higher education, the time and space of the university system have undergone tremendous changes, the traditional concepts of university autonomy and academic freedom have been challenged, and the management problems of universities themselves have become It is more complex, especially with the launch of the popularization of higher education, it has triggered the contradiction between the university system and social transformation.
Simply put, the so-called university governance is the structure and process of stakeholders inside and outside the university participating in major university decisions. The governance structure of a university is the essence and core of the modern university system. University governance is an institutional arrangement that connects the formal and informal relationships of all stakeholders within and outside the university, so that all stakeholders can mutually in terms of rights, responsibilities and interests.
1. Several problems in university governance
20century90, the theory of governance has also been introduced into China's university management, and the issue of university governance has gradually emerged in the reform of the internal management system of Chinese universities.1998The promulgation and implementation of the "Higher Education Law" in 2009 provided many new ideas for higher education institutions. In the same year, General Secretary Jiang Zemin proposed to build a world-class university and the Ministry of Education at the 100th anniversary of Peking University.985Project" has promoted universities to pay more attention to the institutional issues of Western universities in the process of building world-class universities. At the same time, "w88 casino gamesentering to the WTO" has once again attracted attention to the international competition in higher education, and universities are The university system issue with the issue of autonomy in running schools as the core has become a fundamental issue that restricts the reform and development of higher education in my country. How to optimize the internal governance structure of existing universities, make the university an efficient academic institution, and has become a general concern for the higher education community in my country. Problem. At the same time, there are many problems in the current governance status of higher education institutions in my country, and there is a huge gap with the requirements of the modern university system, which is mainly reflected in the following three aspects:
1.The responsibilities and powers of the Party Committee and the principal are unclear, and the supervision power of the Education Congress is weakened
According to the provisions of the "Higher Education Law", universities organized by the state implement the principal responsibility system under the leadership of the grassroots committees of higher education institutions of the Communist Party of China. The Grassroots Committee of the Communist Party of China in Higher Education Institutions shall uniformly lead the work of colleges and universities in accordance with the constitution and relevant regulations of the Communist Party of China, and support the principals to exercise their powers independently and responsibly.
"Higher Education Law" Section43Article stipulates: "Underground institutions protect faculty and staff participation in democratic management and supervision in accordance with the law through organizational forms such as faculty and staff representative conferences with teachers as the main body, and safeguard the legitimate rights and interests of faculty and staff." However, in actual operation, the teaching congress is It is impossible to effectively supervise the decision-making power of the school party committee, nor is it impossible to effectively supervise the administrative power of colleges and universities.
2.Academic power and administrative power are imbalanced, and academic power continues to shrink
Canadian university scholar w88 online casino bettingXu Meide regards "school autonomy" and "academic freedom" as the basic value orientation of Western universities, and points out that it is "continued as an integral part of historical heritage". The significance of university organization should be first of all as "specialized" The second is the administrative organization.
3.The rights and responsibilities of schools, colleges and departments are not equal
At present, the linear functional organizational structure of universities, colleges and departments in my country basically belongs to the bureau-level management system used by administrative systems and production enterprises. This administrative management system with "implementation" as the main content is used to manage universities that seek research innovation and have high academic standards, and the results are often far from the expected goals.
2. The importance of university constitution to university governance
University charter stipulates the school's educational philosophy and characteristics, school development goals and strategies, various relationships within the school, the school's leadership system, governance structure, management model, the rights and obligations of faculty and staff, and the rights and obligations of students. Content, answers the core topics of the modern university system, including modern university governance, and provides feasible autonomous norms for universities to run their own schools in accordance with the law.
In Germany, universities are public legal persons established by the state to perform state tasks indirectly and have the right to formulate regulations for the management of their own affairs in accordance with the authorization of national laws. While obtaining permission to establish an educational institution, universities must propose their own university charter as their "basic law".1737 The Philosophy School of the University of Göttingen, established in 13686_13793
In the governance of higher education in the UK, the university charter plays a core role. The university governance structure stipulated in the university charter mainly includes the development decision-making mechanism for social participation, the administrative execution mechanism for the principal to be responsible, the academic freedom mechanism w88 online casino bettingfor professors to govern academically, the financial security mechanism for separation of supervision, and the personnel management mechanism for fair procedures.
In the United States, whether it is a public or private university, there are generally university charters formulated by university authority (usually the board of directors of the school) based on charters established by universities or educational laws and regulations issued by local governments, although different The university's constitution has differences in its expression and content composition, but its basic content generally clarifies the university's philosophy, school purpose, teaching affairs, teachers' academic power, degree granting, student affairs, funding sources, property and financial systems,
Japanese University originally had no constitution, but it was launched in advance and was2004年4The university legal reform officially implemented in 2008 has undergone tremendous changes in the traditional management model of universities for more than 100 years since the Meiji period. Each university is re-discussing its own positioning and future development goals. The university charter as a new A new form of institutional management emerged.2003年3月18The Tokyo University Parliamentary Committee passed the "Tokyo Charter". Later, under the model of the "Tokyo Charter", various national universities followed suit and formulated their own charters (charters). The formulation of the charter (charter) has institutionalized the reform of university legal personization at the school's practice level, so that legal personization management has rules to follow and evidence to be based on in school implementation.
In my country, it is generally believed that the structure of modern university governance includes two levels, namely the macro level and the micro level: the former refers to the relationship between the school and the outside, including the government's macro-management, moderate market regulation, extensive social participation, and school autonomy in accordance with the law. Running a school; the latter refers to the internal relationship of the school, including the leadership of the Party Committee, w88 slotthe principal's responsibility, professor of academic research, and democratic management. At its core, under the macro-control of the government, the university charter is formulated to clarify the relationship between the university and the government, so that the university can become a truly independent legal person with certain autonomy in running schools, facing the society independently, running schools independently in accordance with the law, and implementing democratic management.1995年3月28The General Office of the Hihara State Education Commission "Notice on Issuing the Propaganda Outline of the Education Law of the People's Republic of China" pointed out that "the constitution of schools and other educational institutions refers to the purpose of schools and other educational institutions for their operation in order to achieve normal operation. The basic self-discipline document formed by comprehensive regulations is the basic basis for schools and other educational institutions to carry out independent management. Provision of the charter system is to implement the school's autonomy and promote the implementation of the school's autonomy and the promotion of
3. Development of the formulation of the constitution of universities in my country
1995年3The Education Law of the People's Republic of China passed in month26Article clearly stipulates: "The establishment of schools and other educational institutions must meet the following basic conditions: (1) an organizational structure and constitution; (2) a qualified teacher; (3) a teaching place and facilities that meet the prescribed standards. , equipment, etc.; (IV) There are necessary school funds and stable sources of funding. "In the same year8In the month, the former State Education Commission issued the "Several Opinions on Implementing the 1999年1月1The Higher Education Law of the People's Republic of China, implemented on a daily basis, is subject to the requirements of the Education Law, and once again clearly stipulates that higher education institutions must have their own charter, which is a law27Article stipulates: "If you apply for the establishment of a higher education institution, you shall submit the following materials to the approval authority: (1) Application report; (2) Feasibility demonstration materials; (3) Articles of Association; (4) The approval authority shall in accordance with the requirements of this Law Other materials provided. "Not only that, the Act28Article also makes clear and detailed provisions on the content of the charter of higher education institutions, including the school name, school site, school purpose, school scale, discipline setting, education form, internal management system, funding source, property and finance
Since then, the Party and the State have continuously pointed out the urgency and importance of formulating university charter through various policy documents.1999年12月2Opinions of the Ministry of Education on Strengthening the Construction of Education Legal System on Education on Japan proposed the proposal to achieve the rule of law in education, requiring that "schools at all levels and types, especially higher education institutions, should improve their awareness of managing schools in accordance with laws and regulations. It is stipulated that the school charter should be formulated and improved as soon as possible, and after review by the competent education administrative department, the school should be run independently in accordance with the law in accordance with the charter."2003年7Month "Several Opinions of the Ministry of Education on Strengthening the Rule of Schools" once again emphasized that "schools should formulate and improve school charters in accordance with laws and regulations. After review by the competent education administrative department, they will be an important basis for school school activities and in accordance with the charters. Self-sponsored school management” is one of the measures to govern schools according to law.11In January, the Ministry of Education issued the "Notice of the General Office of the Ministry of Education on the Creation of Demonstration Schools in the Rule of Law" specifically proposed the Ministry of Education's Demonstration Schools in the Rule of Law8 Article standards, the first of which is "improve the management system. Formulate the school charter in accordance with the law, and implement the school activities in accordance with the charter after the education administrative department is approved and implemented in accordance with the charter. Formulate education, teaching, finance, teachers, students, logistics, safety and other aspects in accordance with the law. The content of the item management system is legal, fair, open, and has been effectively implemented. "The article also points out that the first of the three conditions for the creation of a "demonstration school for rule of law" is the "no constitution" and one vote.2006年6月15Sun to16On the day, the Ministry of Education held a "Experience Meeting on the Rule of Law in Directly Affiliated Universities" at Jilin University, and made clear requirements and extensive mobilization for the formulation of university charter. "National Medium- and Long-term Education Reform and Development Plan (2010-2020Year)" clearly proposes that to improve the modern university system with Chinese characteristics, we must strengthen the construction of the charter. All types of colleges and universities should formulate articles of association in accordance with the law and manage schools in accordance with the provisions of the articles of association.
As the concentrated embodiment of the university spirit and the general norm of university behavior, the university charter is actually the further extension and concretization and personalization of the governance model of the law, the spirit of the law and the legal regulations in a university. However, what is not commensurate with this is that our country1600Of all the public universities in China, only Jilin University, Shanghai Jiaotong University, Harbin Institute of Technology, Yanbian University, Nanchang University, etc. so far30All universities have formulated charters, and most universities, including Peking University, Tsinghua University, Renmin University of China and other famous domestic universities have not formulated charters; if the charter has been formulated, there are still unscientific and formulated content to varying degrees. Procedures are illegal and not well implemented.( 2010-2020Year)" on the requirements of implementing and expanding the autonomy of higher education institutions, improving the governance structure of colleges and universities, and comprehensively promoting the rule of law.
IV. Conclusion
It can be said that the university charter is the "constitution" of university governance, the most important rule for the existence and operation of universities, and it is also a reflection of the university's independent status. my country's "Education Law" and "Higher Education Law" both require "one school, one charter", but due to historical reasons, there are still a considerable number of higher education institutions that have not formulated school charters; most of them have formulated charters, which are in vain. an embarrassing situation.1999 Opinions of the Ministry of Education on Strengthening the Construction of Education Legal System", "Schools at all levels and types, especially higher education institutions, should improve their awareness of managing schools in accordance with the law, formulate and improve the school charter as soon as possible in accordance with the provisions of laws and regulations, and follow the supervisory authorities After the education administrative department reviews, it will run schools independently in accordance with the law in accordance with the constitution. "The so-called "approval",In essence, it is a process of review and approval. This process is accompanied by an assessment of whether the content of the school charter is legal, and it is also a process of the education administrative department supervising the operation of the university. On the other hand, the university charter has legal effect after being approved by the education administrative department. It can not only effectively restrict the university's school management behavior, but also effectively regulate the management behavior of university managers and the supervisory behavior of organizers. As stipulated in the university charter
(Author: Zhan Zhongle)
