The Normative Connotation and Institutional Construction of University Organizational Autonomy
Organizational autonomy is one of the seven recognized autonomy rights of higher education institutions in the Higher Education Law,and it is the legal basis for scientifically designing the internal governance structure and organizational framework of universities.Organizational autonomy refers to the right of universities to independently decide which organizational structures to establish,as well as the composition,powers,and rules of procedure of these organizational structures.In China,the autonomy of university organizations was formed through the practice of delegating power to institutional staffing management matters after the reform and opening up,and it has normative significance in safeguarding academic freedom.The interpretation of the normative connotation and institutional structure of organizational autonomy in universities should be analyzed from the dual perspectives of internal and external relationships.In the external relationship between universities and the state,the institutional guarantee of organizational autonomy requires limiting the improper intervention of state public power in the establishment and power allocation of corporate governance institutions and internal organizational structures in universities.Based on the principle of Party being in charge of organizational structure and the obligation to ensure academic freedom,Party regulations and national legislation still need to be moderately involved in university organizational matters.Among them,national legislation focuses on the standardization of corporate governance structure design in universities,while Party regulations focus on the regulation of internal organizational structure and personnel allocation in universities.Two external norms constitute the legal benchmarks and framework regulations for the exercise of organizational autonomy in universities.Within universities,the school Party committee and president,as the decision-making bodies of organizational autonomy,have the main responsibility to improve the internal operation mechanism of university organizational autonomy in the dimensions of"internalization of external regulations"and"refinement of internal regulations"through articles of association,Party committee documents,internal rules,and other appropriate organizational measures,in order to ensure that the exercise of organizational autonomy follows the principles of necessity,simplification,and effectiveness.The extension of the organizational law of higher education institutions is greater than the organization law in the sense of Party regulations and national laws.Deliberation and coordination institutions,new teaching and research institutions,etc.which are not included in the scope of organization approval,should still be included in the adjustment scope of the Party committee documents and internal organizational rules of higher education institutions.
university organizational autonomyinternal organParty-managed organuniversity charter
万方数据
维普
