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高校问责制的法律探讨

A Juristic Research on Accountability System in Higher Education

【作者】 王超

【导师】 赫然;

【作者基本信息】 长春理工大学 , 宪法学与行政法学, 2007, 硕士

【摘要】 温家宝同志在2004年《政府工作报告》中,明确提出“有权必有责,用权受监督,侵权要赔偿”,这表明中国自2003年非典时期启动的行政问责制,已经从非常时期的非常措施走向了制度化发展的轨道,政府推进问责制的决心已经勿庸置疑。实际上,在党的十六大报告中,在谈到决策、用人、重大事项等问题时,就反复强调了责任和问责这一问题。这一思想也成为新时期促进高校稳定与发展的重要指南。 本文的立足点正是希望通过实行相应的问责法律法规,完善高校内外部监督体系,在保障高校办学自主权的基础上,使高校能够充分对抗上级行政部门的不必要干预:使高校行政主体权利的行使得以良性运转,避免个人权力过度膨胀、难以约束;使高校的行为得以受到来自司法、社会、媒体等机构的审查。 在高校中引入的问责制,实际上就是指高校要以培养高素质的学生为己任、以履行对公众教育承诺为职责、以追求高效的办学方式为目的、以全面接受责任监督和追究为根本的责任监督追究制度。

【Abstract】 By taking the integration of the accountability in western education and national administration as the theoretical base, accountability in higher education is a new system for restriction and supervision, aiming at the malady existing in china’s higher educational system.Maladies in china’s higher educational system nowadays include many problems in different aspects such as the inequality in authority and responsibility, unprotected individual private rights and so on .The point is, in the higher education, authority in the subjects of administration exceeds responsibility and it is lack of necessary supervision. There are also inequalities in responsible degree and scale between the subject of administration in higher education system and its superiors, teachers, parents, community members. The subject of administration in higher education system overvalues its superiors but makes little account of teachers, parents, and community members. All maladies lead to big randomness when the subject of administration executes its power, and more importance attaches to superior rather than junior. In order to overcome the disadvantages existing in recent system, a completed supervision system is required to consummate current system.Accountability in higher educational system is a supervision system to hunt out responsibility, with the subject of administration being vested certain real power as the premise; mobilizing faculty’s enthusiasm as base; cultivating students with good quality as purpose; keeping the promise of educating public as responsibility; pursuing efficiency as tenet. The essence of higher education accountability is the equality in authority and responsibility; the features are the combination between self-discipline and discipline others, between general awareness and general supervision, between dynamic feedback and improvement during development. Just as Chen Hongzeng, vice president of Nan Kai University and dean of Eastern Culture Academe, pointed out that accountability in higher educational system is a measure for effective controlling, balancing and supervising, which is put forward by taking the phenomenon of power imbalance resulting from lying the responsibility at the president’s door in to consideration. It reveals the demands of china in developing contemporary political civilization, and suits the demands of

【关键词】 高校问责制职责本位法律建构
  • 【分类号】D922.16
  • 【被引频次】9
  • 【下载频次】359
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