Legal Guarantee for Higher Education Supporting and Leading the Construction of a Powerful Country:International Experience and Chinese Path
The construction of a national governance system and legal system to match the construction of a powerful country in higher education and the promotion of good law and governance in higher education constitute the core of the construction of a powerful country in higher education in developed countries.In the European continental law system countries represented by Germany,the paradigm of university law in the field of public law conforms to the basic law of academic innovation in the era of"small science".In contrast,the Anglo-American university law paradigm under the perspective of private law is more in line with the value of academic entrepreneurship in the era of"big science".The experience of higher education reform and development in countries with developed rule of law shows that when the legal system of higher education is in line with the phased characteristics of higher education and scientific research,the strength of their country's higher education and scientific research will undergo a substantial leap.The transfer of world higher education centers,science and technology,and talent cannot be separated from the role played by the advantages of a country's higher education legal system.For China,promoting higher education to support and lead the construction of a powerful country calls for a sounder legal system.On the one hand,the legal relationship between the state and universities should be defined,the connotation of the legal system of university's independent operation should be clarified according to law,and the rights and responsibilities of university legal persons should be cleared in the context of public law and private law.On the other hand,the vitality of university teachers should be stimulated as professionals,the legal status of university teachers should be clarified as special workers,and the shackles of high-power control framework on teachers'intellectual property rights and innovation freedom should be abandoned.
leading country in higher educationacademic freedompublic-private law integration theorythe legal person system of colleges and universities
万方数据
维普
