重庆高教研究Issue(6)：51-55,5.DOI:10.15998/j.cnki.issn1673-8012.2015.06.008
我国大学章程文本建设的问题分析
Analysis on the Problems of University Charters’text Construction in China
摘要
Abstract
The promulgation of university charters is not the end,but the beginning of managing education ac-cording to law and improving constantly the system with the core of charters in university. Through analyzing the charters approved by Ministry of Education of the Peopleˊs Republic of China,we can know that there are still many problems. First of all,the languages of charters are not standardized,and lack of clarity and rigor. As the regula-tions of the Education Department,the university charters should be vested in the framework of the national legal system;the language of the university charters should have the normative requirements of the legal language. Sec-ondly,there is a problem of the low efficiency of the law in partial contents in charters. The content of upper law is defined by university charters as the inferior law,which will lead to the lack of legal effect and lower legal efficien-cy. Then,the university internal legal relationship is not clear in charters. The fuzzy treatment and the simple rules of the main rights and obligations of the legal relationship in charters,will not only make the realization of these rights and performance of obligations uncertainty,but also reduce the guidance and operability of the charters. Fur-thermore,the text structure and content is similar in charters of different universities,and the charters are lack of personality. The low degree of recognition of the university charters leads to the dilemma that all universities are the same. Additionally,due to the lack of the contents which should have,there is the implement risk in the charters. Except that the charters should reflect the natural information of the university and the basic system,it should also include some implementation details. Finally,there is lack of the universityˊs essential characteristics and mission of care. The embodiment of university fundamental mission is not simply to be in a certain article of the charters,but put the thought of people-oriented into the charters,and demonstrate it in a systematic way.关键词
依法治校/大学章程/章程文本/规范性/法律关系/价值取向Key words
governing the university by law/university charters/the charter’s text/normalization/legal rela-tionship/value orientation分类
社会科学引用本文复制引用
阮蓁蓁,孙长智..我国大学章程文本建设的问题分析[J].重庆高教研究,2015,(6):51-55,5.基金项目
2014年度吉林大学校本应用专题项目“吉林大学章程及制度体系建设研究” （）
