高校办学自主权的权利属性定位及其教育法回应OACHSSCD

To implement the general requirement of ensuring university autonomy,it is essential to fundamentally clarify the rights attributes of university autonomy and establish a comprehensive legal framework for its protection.The nature of higher education institutions' autonomy can be justified from both internal and external perspectives.Based on this characterization,such autonomy can be divided into three levels of rights:conducting educational and teaching activities,organizing scientific research,and managing internal affairs.The implementation of higher education institutions' autonomy faces constraints such as insufficiently clear definitions of its nature,boundaries of its scope that require further clarification,inadequate standardization in the exercise of these rights,and judicial review mechanisms that need to be improved.The construction of the fundamental educational legal system for university autonomy should follow the guidance of constitutional values and be governed by constitutional educational norms.In terms of specific regulatory content,it is necessary to improve the legal system centered on the Higher Education Law and to reasonably design the framework for university autonomy within the codification of educational laws.At the same time,university charters,as internal governance norms,should fully play their role in safeguarding these rights.