高校教育管理2025，Vol.19Issue(6)：51-63,13.DOI:10.13316/j.cnki.jhem.20251020.005
教育法典分则高等教育编的宪法依据、逻辑主线与立法表达
Constitutional basis,conceptual thread,and legislative expression of the higher education part in the Education Code
摘要
Abstract
The codification of the higher education part in the Education Code is a crucial step in the construction of China's education legal system.The constitutional basis of the higher education section includes two fundamental rights:the right to education and academic freedom.The constitutional guarantee of the right to education and the legal guarantee of the autonomy of higher education institutions require that the higher education part adhere to the principle of limited legal reservation to achieve a rational balance between the autonomous operation of higher education institutions and the protection of students' rights and interests.At the same time,the higher education part aims to build a protective network for academic freedom,integrating the subjective public rights and objective value order of academic freedom.The higher education part should adopt the perspective of field law and take the legal relations of higher education institutions as the logical main line,including both external legal relations such as state supervision relations and civil contract relations,as well as internal legal relations such as academic governance,personnel appointment and student management relations.In terms of legislative expression,the basic norms should be based on the constitutional basis of the higher education part,clarify the adjustment scope of the higher education part,establish basic principles such as the unity of academic freedom and academic norms,and stipulate the basic tasks and diversified operation system of higher education.Specific institutional norms need to be refined based on the types of legal relations of higher education institutions.关键词
教育法典/高等教育编/宪法依据/学术自由/受教育权/高校法律关系Key words
Education Code/higher education part/constitutional basis/academic freedom/the right to education/legal relations of higher education institutions分类
教育学引用本文复制引用
姚荣,王倩..教育法典分则高等教育编的宪法依据、逻辑主线与立法表达[J].高校教育管理,2025,19(6):51-63,13.基金项目
国家社会科学基金(教育学)青年课题(CIA230318) （教育学）
