高校治理中法治意识的提升与构造研究

法治意识在高校治理中具有非常重要的地位和作用,具体表现为使高校治理体系严整化、使高校治理制度构型化、为高校治理手段提供有机保障,但目前其作为高校治理素质基本构成和高校治理能力支撑的作用还相对不足,主要表现为高校法治意识的概念系统相对缺失、高校重大决策的法治主导相对缺失、高校治理过程中法治作为主流相对不足、高校纠纷化解中司法最终性相对单薄。为此,高校法治意识的提升与构造就显得十分必要,我们可以从高校宪法法律至上性认知的形成、高校法律信仰的形成、高校法治运作下意识性的形成、高校法律遵守自觉性的形成等方面切入。高校法治意识的构造具体应沿着下列技术进路:高校治理现代化的法治主导、高校法治机制的上下位贯通、高校内外部关系的法律定性、高校文化体系中法治文化的补足、高校主体权力维护的法治强化。

A Study on the Enhancement and Construction of the Awareness of the Rule of Law in College Governance

The awareness of the rule of law plays a very important role in the governance of colleges by makingthe management system more orderly, the regulations more structuralized and the means more guaranteed. However,at present, it is relatively insufficient to be the basic composition of college governance quality and to support thegovernance capability of colleges, which is mainly represented by the relative lack of the concept system for the awareness of the rule of law in colleges, the relative lack of the dominance of the rule of law in major decisions ofcolleges, the relative insufficiency of the rule of law as the mainstream in the process of college governance, and therelative weakness of judicial finality in dispute resolution in colleges. As a result, it is necessary to enhance and construct the awareness of the rule of law in college governance. The perspectives may include the cognition of thesupremacy of constitution and law, the belief in law, the operation of the rule of law and the consciousness of lawcompliance. The technical approaches are listed as follows: the dominance of the rule of law in the modernization of college governance, the interconnection of the mechanisms of rule of law in colleges, the legal characterization of both internal and external relations of colleges, the complement of legal culture in college cultural system, and thestrengthening of the rule of law to safeguard the power of colleges.