First of all, running schools independently is an inevitable choice for the development of higher education under the conditions of market economy.
In the early days of medieval higher education, in order to get rid of the control of local churches and feudal forces and reduce the harassment of citizens, schools organized "teachers' and students' guilds" one after another, imitating the organization form of industrial and commercial guilds. In order to get rid of the persecution of local churches and feudal lords, this kind of scholars' guild, like the industrial and commercial guild, obtained the charter and other privileges of legal person from the pope, king or emperor and became an autonomous organization. It can be seen that higher education has been influenced and enlightened by the early economic organization form of market economy "guild" from the beginning. Universities, governments and churches remain relatively independent, which is a major feature of higher education in Europe and even the world. However, with the development of market economy and the arrival of the country's full involvement in market economy life, the autonomous nature of colleges and universities has also changed greatly since the end of 19.
Under the condition of market economy, all economic organizations engaged in commodity production and management have the right to operate independently, and they are legal entities and competitors who are self-managing, responsible for their own profits and losses, self-developing and self-restraining their rights and interests. Although colleges and universities are not economic organizations with complete market functions, their nature as producers of special commodities (advanced labor and scientific and technological knowledge products) exists to varying degrees. With the commercialization of complex labor force and the intensification of commercialization of scientific and technological knowledge products, universities, as bases for training talents and knowledge, have become a related part of the market economy system. Running in a powerful market economy, higher education is often not transferred by people's subjective will, but is bound to be regulated by market forces, which reflects the market nature in some important aspects of higher education activities. On the one hand, in order to maintain the relative independence of educational activities from the country and the market, on the other hand, in order to adapt to the powerful market economy, universities must obtain their independent or relatively independent production and management rights (school-running rights) like enterprises, become independent entities with their own interests, and have the rights of independent operation, self-management, self-development and self-restraint. Therefore, no matter what kind of market economy country its higher education system and operation mechanism belong to, colleges and universities are statutory autonomous institutions, and they must adhere to the principles of academic freedom and school affairs autonomy, and have the independence of educational activities, that is, the autonomy of running schools. The so-called autonomy of colleges and universities means that colleges and universities, as institutions with independent legal personality, exercise the right to make educational decisions and organize educational activities in accordance with the law, without illegal interference or interference from other organizations or individuals.
Second, establish the independent status of colleges and universities through legislation.
In western countries with developed market economy, in order to make colleges and universities truly have autonomy in running schools, all countries have established it through laws. For example, the French Higher Education Law 1984 clearly stipulates: "Public higher education is neutral and is not dominated by any politics, economy, religion or ideology; It adheres to the objectivity of knowledge, respects the diversity of viewpoints, and mainly ensures that education and scientific research can develop freely in a scientific, creative and critical way ... Public institutions of higher learning in science, culture and occupation are national institutions of higher education and scientific research, and enjoy legal personality and autonomy in teaching, science and administration. " In Germany, all higher education institutions are public legal entities. The law stipulates that higher education institutions "are responsible for managing their own affairs under the supervision of national laws and according to university standards ... in handling students' study arrangements and graduation matters (awarding degrees, issuing certificates, etc.). ), higher education institutions must maintain the greatest possible independence and autonomy. " The principle of autonomy of Japanese universities after the war has also been affirmed by the state. Article 23 of the Constitution stipulates that "academic freedom is protected", and the School Education Law also stipulates that universities should set up professors' committees to consider important matters, and all important matters in university management should be considered by professors' committees, thus establishing the principle of internal autonomy. Universities in Britain are traditionally independent autonomous institutions, and Oxford, Cambridge and Colleges are autonomous legal entities. 1988 education reform law also stipulates that higher education institutions previously managed by local authorities should become legal entities before leaving local authorities. American universities are highly autonomous legal organizations. Because the federal government has no right to interfere in the internal affairs of universities, it is impossible to clarify the nature of universities in law. However, Chapter 3 1 of the General Education Act of the United States Federal Code stipulates: "Any legal provision concerning applicable projects shall not be interpreted as authorizing any U.S. government department, institution, official or employee to conduct research on the process, teaching plan, management or personnel of any educational institution, school or school system. Or choose library books or other printed teaching materials for any educational institution or school system, or guide, supervise or control the arrangement or transportation of students or overcome racial imbalance ",which fully demonstrates the extensive independent rights and interests of American universities.
It can be seen from the above situation that the autonomous activities of universities are largely influenced and dominated by the market economy. Under the modern market economy system, university autonomy is an inevitable value orientation to adapt to the social and economic environment.
Three, through legislation to clarify the independent authority of colleges and universities.
In the process of running a school, universities in developed countries with market economy have relatively independent autonomy in the following aspects, although the degree of autonomy varies from country to country.
(A) Teaching autonomy
Teaching is the core task of all educational activities in colleges and universities, and it is also the concrete embodiment of whether colleges and universities have autonomy in running schools. The organization of teaching process, the choice of teaching content, the application of teaching methods, the arrangement of teaching plans, the evaluation of students' grades, the award of degrees and other rights related to teaching activities should be decided by colleges and universities themselves. For example, according to German law, universities must maintain the greatest possible independence and autonomy when dealing with study arrangements and students' graduation (awarding degrees and certificates, etc.). ) ... within the scope of completing teaching tasks, teaching freedom is mainly embodied in the right to lecture, the right to compile teaching materials, the right to adopt teaching methods, and the right to express opinions on science and art teaching. France 1968 Law on the Direction of Higher Education stipulates that under the clause of "teaching autonomy", universities have the right to decide their own teaching activities, research plans, teaching methods and ways to check and evaluate knowledge and ability. Japan's Basic Law on Education only states that "academic freedom should be respected" and lacks specific provisions on teaching autonomy in colleges and universities. In order to meet the requirements of the development of market economy, Japan has intensified its reform and increased the autonomy of universities in the past decade. For example, the Third Consultation Report on Education Reform of Japan Provisional Education Review Council clearly pointed out: "As an independent organization and management institution, universities have the right to decide their own education and scientific research policies, and exert their creativity on the basis of a free academic atmosphere and strict self-evaluation." The freedom of university teaching in Britain and America is a consistent traditional norm.
(2) Research autonomy
In modern society, universities have three functions: spreading (teaching) and exploring (scientific research) new fields of human understanding and serving the society. With the continuous development of market economy, scientific research has become one of the important tasks of running a university. Due to the nature of scientific research, university teachers and researchers have greater independent rights and interests in academic activities such as the determination of research fields, the selection of research topics, the publication of research results, and the debate of academic views. Only in this way can universities become the cradle of major scientific research achievements. For example, Germany's General Procedure Law of Colleges and Universities stipulates that freedom of scientific research includes raising questions, principles of research methods, evaluation and dissemination of scientific research results. The institutions in charge of scientific research in institutions of higher learning may make resolutions on the organization of scientific research activities, the formulation and adjustment of scientific research plans, and the formation of scientific research priorities. France's Law on the Direction of Higher Education 1968 also stipulates that teachers and researchers enjoy complete independence and full freedom of speech when performing their teaching duties and carrying out scientific research activities. The British Education Reform Act 1988 points out that attention must be paid to ensuring that academics have the freedom to question and examine universally accepted knowledge, put forward new ideas and express controversial or unpopular opinions within the scope permitted by law. Since 19 15, the American Association of University Professors, which has both academic and legal functions, has issued many legally binding guidelines on university teachers' research freedom, clearly stating that university teachers have the freedom to explore knowledge truth, disseminate scientific research results and express different opinions without any external interference.
(3) Learning autonomy
Under the condition of market economy, whether the products of enterprises can be welcomed by the market depends on whether the varieties, specifications and quality of their products can meet the needs of society. As a university that produces special commodities (cultivates talents), it is also restricted by market rules, and receiving education is also the independent behavior of the educated. Therefore, universities should give students greater autonomy in enrolling students, choosing majors, taking elective courses and adopting learning methods. For example, the French Higher Education Law 1984 stipulates that all applicants can register freely in the school of their choice ... On the premise of respecting freedom of choice, let students determine their future study direction. Japan's higher education reform in recent years also emphasizes the liberalization and flexibility of university entrance qualifications, giving students more freedom of choice in the learning process and establishing free learning systems such as credit exchange and credit accumulation. Germany's "General Procedure Law of Colleges and Universities" stipulates that, under the condition of not violating the study and examination system, the freedom of learning is mainly reflected in the fact that students can choose courses freely, decide their own study priorities in the academic year's curriculum, and put forward and express their opinions on science and art. As for American college students, they have the right to study independently.
(four) the autonomy of the appointment and removal of school personnel and financial use.
Whether a university really has autonomy in running a school is mainly reflected in whether it has autonomy in the appointment and removal of personnel and the use of financial resources on campus. The basic feature of the marketization of higher education is that the government rarely interferes with the internal affairs of colleges and universities, and makes full use of the role of the market in the decision-making process to regulate the competition and development between colleges and universities. Therefore, universities should enjoy greater independence and autonomy in personnel and financial activities such as the selection of presidents, the appointment of administrators, the appointment and promotion of teachers, and the financial management and use of schools. Taking the right of appointment and dismissal of teachers as an example, many countries have made strict regulations on the dismissal of teachers in order to protect the rights and interests of teachers' "academic freedom". For example, Japan's Education Civil Servant Law stipulates: "In order to guarantee the freedom of teaching, the president, teachers and department heads shall not be transferred, demoted or removed against their wishes without the examination and consent of the autonomous institutions of universities." Their term of office and retirement age are "stipulated by the administrative organs of colleges and universities", and their work performance evaluation is "implemented by the administrative organs of colleges and universities". In order to protect the rights of professors, most American universities implement the "lifetime employment system". American Association of University Professors 1970 clearly stipulates that full-time professors who are formally employed should be protected during the employment period between retirement ages, and cannot be dismissed unless the school is in financial crisis or the professor is incompetent or morally corrupt. British universities usually practice tenure of professors, and the education reform law of 1988 reiterates that it is necessary to ensure that academic staff are not dismissed without sufficient reasons. University teachers in France and Germany are appointed by government agencies at all levels, but they are usually elected by the schools themselves first, and the system of "lifelong civil servants" is also implemented.
As for financial activities, no matter whether their education funds come from state funds or other channels, colleges and universities enjoy the autonomy of free management and use. Even in a highly centralized higher education system like France, its Higher Education Law clearly stipulates that colleges and universities enjoy financial autonomy for their own development needs. Only its use is subject to the supervision of relevant government departments.
Fourth, standardize and institutionalize the state's intervention in independent running of colleges and universities through legislation.
In order to effectively regulate economic activities, countries all over the world are bound to strengthen their intervention in higher education closely related to economic activities. In order to train a large number of talents who meet the requirements of market economy in higher education, and to ensure that colleges and universities have relatively independent autonomy in running schools, and to maintain a certain tension between them, it is an inevitable choice to implement higher education legislation, which will standardize and institutionalize state intervention in running schools independently. Realizing the state's control and management of higher education through legislation is an important symbol of the development of higher education in various countries since World War II.
The legislation of higher education after World War II experienced two climaxes. The first time happened in the late 1960s and 1970s. Due to the end of the war and economic revitalization, many developed countries are in a period of all-round development. However, higher education in these countries still follows the old school-running model, and a considerable number of young people are rejected. On the other hand, the lack of initiative and vitality in colleges and universities suppresses the democratic requirements for teachers and students to participate in school management. By 1968, the student movement sweeping Europe finally impacted the tradition of colleges and universities that had been followed for hundreds of years. France took the lead in reforming higher education and enacted the Basic Law of Higher Education in June of that year. The law clearly stipulates that universities are "public institutions of higher education", and their tasks are to disseminate knowledge, carry out scientific research, train talents, and organize and develop international cooperation. The law also stipulates for the first time that the tradition of "autonomy" of universities should be combined with participation, and students, faculty and social stakeholders have the right to participate in the management of universities in some way. This law has laid the foundation of modern higher education teaching and management system in France and even Europe, so it is "worldwide". After France, the Federal Republic of Germany, Austria, Denmark, Sweden, Romania and other countries have also promulgated higher education laws. The second legislative climax of higher education took place in the 1980s. Due to the widespread economic crisis in developed countries, development has been frustrated, causing more and more anxiety and anxiety in various countries. They believe that the backwardness and poor quality of higher education is one of the reasons for this phenomenon. Many countries place their hopes on the development of education and science and technology, and hope to stimulate economic development through the reform of higher education. This set off a new climax of higher education legislation. These laws put forward higher requirements for higher education. By realizing "modernization, specialization and democratization", colleges and universities can quickly improve the quality of running schools and cultivating talents. In this legislative climax, some have revised the existing higher education laws, such as the Federal Republic of Germany; Some countries have enacted new higher education laws, such as France, Poland and Peru. This kind of legislation seems to interfere with the autonomy of colleges and universities, but it also legally establishes various rights that colleges and universities should enjoy, including autonomy, and avoids the arbitrariness of government intervention to the greatest extent.
China's higher education system and operating mechanism are gradually getting rid of the old planned economy model and changing to adapt to the socialist market economy. Higher education is trying a series of reforms from concept to system, from macro to micro, increasing the autonomy of running schools and greatly improving the ability of running schools independently. However, the traditional idea of being arranged by the government has not completely lost its influence, the relationship model between market economy and higher education has not really been established, the principles and methods of higher education adapting to market economy have not really been perfected, and the system and operation mechanism of higher education in market economy have not been fully clarified. Therefore, it is an urgent task for China's higher education reform to learn from the successful experience and practices of developed countries in running schools, administer education according to law and explore a higher education development model that meets the requirements of China's socialist market economy development as soon as possible.