论高校治理权的规范类型及其机制

按照行政法视域下的组织法规范要素逻辑,高校治理权的规范类型可划分为“党规法”“国家法”和“校内法”三个系统。“党规法”通过对高校行政进行价值引领与提供政策依据为治理现代化确立政治方向,并在体制设计和制度重塑机制方面实现党和国家的意志。“国家法”从主体的赋权与落实、行为的风险防控、程序的尊严实现及实质性化解纠纷四个层面明晰与健全高校行政法治机制。“校内法”通过公法契约赋予高校内生性发展与自我合法性地位,匹配法人治理与创新机制推进法人化治理结构与监督机制更新。系统性地把握治理权规范类型,有助于加快我国高校治理的现代化进程。

The Normative Types and Mechanisms of the Governance Right of Colleges and Universities

According to the logic of the normative elements of organizational law from the perspective of administrative law, the normative types of university governance can be divided into three systems: party rules law, state law, and school law. The "party rules and regulations law" establishes the political direction for the modernization of governance by providing valuable guidance and policy basis for university administration, and realizes the will of the party and the state in terms of system design and system remodeling mechanism. The "national law" clarifies and improves the administrative rule of law mechanism of colleges and universities from four aspects: the empowerment and implementation of the subject, the risk prevention and control of the behavior, the realization of the dignity of the procedure, and the substantive resolution of disputes. "School Law" endows universities with endogenous development and self-legitimacy through public law contracts, matches the corporate governance and innovation mechanism, and promotes the renewal of corporate governance structure and supervision mechanism. The "Trinity" systematically grasps the types of governance rights and accelerates the modernization of the governance of colleges and universities in China.