Autonomy is the foundation and core of modern university governance,and implementing and expanding the autonomy of running schools is the key to deepening the reform of higher education system in the new era.The university au-tonomy has the dual attributes of right and power.From the perspective of power source,the autonomy is the"endogenous"self-governing right of a university as a public law organization.From the perspective of"authorization",the autonomy is the administrative power"granted"by laws and regulations,and this kind of power has two forms:binding autonomy under ex-plicit authorization and discretionary autonomy under general authorization.According to the judgment documents of typical ca-ses in the field of educational administrative litigation,there are some phenomena in the process of judicial review,such as em-phasizing procedural review,neglecting substantive review and"different judgment in the same case",which are closely related to the unclear legal boundary of university autonomy.The establishment of legal boundaries for the exercise of university au-tonomy should follow these basic principles:limited legal reservation,interests balance,strict due process and limited due process.The"vertical"and"horizontal"legal boundaries of exercising university autonomy are established by reasonably defi-ning the relationship between the university and the national legislative,administrative and judicial organs as well as establis-hing the indispensable type discretion benchmark system.
UniversityAutonomy in Running SchoolLegal NatureGovernment SupervisionLegal Boundary
万方数据
维普
