Legal thinking on academic norms of universities
The root of academic anomie in universities lies in the abuse of academic power, which is manifested in the lack of procedural legitimacy, openness and responsibility mechanism. Based on the perspective of law and university academic power, this paper analyzes the power factors of academic anomie, and provides a system design for the standardized exercise of academic power, that is, academic power should follow the principle of procedural justice, observe academic characteristics and improve the supervision mechanism of academic power.
[Keywords:] academic power, academic norms, academic responsibility
[Author Brief Introduction] Xia Min (1967-), male, from Zhenjiang, Jiangsu Province, is a doctoral student at the School of Management of Nanjing Normal University and a professor at Jiangsu University. His research interests are jurisprudence and education law. (Nanjing, Jiangsu 2 10023)
[Fund Project] This paper is a fund project of philosophy and social sciences in colleges and universities of Jiangsu Provincial Department of Education in 2009. Thoughts on perfecting the internal governance structure of China University ruled by law? One of the research results. (ProjectNo.: 09SJD820006)
[China Library Classification Number] G642 [Document Identification Number] A [Document Number]1004-3985 (2013) 26-0187-02
Academic anomie in universities has aroused widespread concern in academic circles. Scholars have different analyses on its nature, causes and solutions, but they are quite insightful. This paper attempts to analyze the power factors of academic anomie from the perspective of law and based on the academic power of universities, so as to provide institutional design for the standardized exercise of academic power.
I. Academic Authority and Academic Anomie
University is the temple of knowledge, and its basic functions can be summarized as imparting knowledge, creating knowledge and applying knowledge. In a university, individuals have different knowledge. A scholar with profound academic attainments, high academic level and great academic influence in the professional field will be called an academic authority if he becomes a respected and admired figure in the eyes of other scholars. The influence of academic authority does not come from its position in administrative organizations, nor does it follow the traditional family forces, but from the personal prestige and prestige formed by academic personnel's academic literacy, academic achievements, academic charm and other factors. Usually there is no institutional mechanism to ensure its function, and there is no clear legal influence object. Once academic authority is combined with administrative positions such as president, dean and director in universities, its influence will be obviously enhanced, which is due to both personal authority and organizational factors.
Academic authority is a symbol of university reputation. The reputation and ranking of universities around the world often depend on the quality and quantity of academic authority they have at home and abroad. As Mr. Mei Yiqi, President of Tsinghua University, said in 1930s, a great scholar is not an architecture, but a master. As the leader of academic and discipline in universities, academic authority is self-evident for the development of universities. On the one hand, academic authority can stand at the forefront of discipline development, gain insight into the context of discipline development, lead the trend of discipline development, and promote the achievements of discipline development; On the other hand, academic authority, as an important factor affecting the academic power of universities, can balance the conflicts and contradictions among academic personnel in academic organizations where many academic personnel gather, promote the formation of a reasonable ladder structure within academic organizations, and maintain the harmony and stability of academic organizations. Therefore, universities should be kind to academic authority. However, the special status of academic authority itself tends to lead to a closed, paranoid and conservative tendency, and even some undesirable phenomena such as academic authority crowding out academic resources, monopolizing academic discourse system and limiting academic research space appear. In this regard, Professor Zhang of Peking University has clearly criticized:? The biggest obstacle to scientific innovation often comes from some influential authoritative scholars. Because they have a certain academic discourse power and their own mature research framework, they sometimes can't accept new ideas, which may be regarded as a challenge to their academic status and authority. ? In fact, as a traditional academic holy land, there are many phenomena that deviate from the academic norms and academic ethics recognized by the academic community in the process of academic activities such as academic research plan, funding application, research behavior, research summary and research report. Although it cannot be completely attributed to academic authority, it is related to the fact that academic authority has not played its due role.
Second, the dynamic factors of academic anomie
1. The academic power of universities lacks procedural legitimacy. The procedural legitimacy of academic power mentioned here mainly refers to whether academic power follows the basic requirements stipulated by relevant national laws and regulations and relevant autonomous normative documents in colleges and universities from the perspective of the basis of power generation and the way of exercise. From this perspective, the lack of legitimacy of China University's academic power is mainly manifested in the following two aspects: First, from the source of academic power, the composition of academic organizations lacks legitimacy. Academic committees, degree committees, teaching committees and other academic organizations in universities exercise the functions of teaching and learning, and decide on important academic matters such as the evaluation of teachers' professional titles, the awarding of students' degrees, and the recommendation of teaching and scientific research achievements awards. However, the members of academic organizations are not elected by teachers or teachers' representatives, but appointed by the party and government departments in colleges and universities. The academic organization formed in this way is difficult to truly represent the wishes of teachers, and the legitimacy of the power source of academic organizations is questioned. Second, judging from the exercise of academic power, academic power fails to follow the procedural requirements of transparency, justice and avoidance. Due to the appointment of members of academic organizations, there is a lack of access and replacement mechanism required by elections, and the turnover of personnel is relatively slow, and academic organizations have become all over the world. Acquaintances? It is easy for institutions to form interest chains with each other, and procedural requirements such as interest blending and exchange, transparency, justice and avoidance often become furnishings. Taking the project selection in academic management as an example, the observed phenomenon is that the principle of avoiding anonymous evaluation is evaded in many links, and the evaluation experts fail to avoid the principle that the applicant is in their own work unit or has close ties with them, which directly leads to the phenomenon of favoritism and malpractice.
2. Weakening the publicity of academic power in universities. Sociologically? Male * * *? Contains the principle of equality of rights and obligations, namely? In a particular cultural tradition, members * * * enjoy certain benefits and then jointly undertake corresponding obligations? . Academic power is rooted in academics, and? Learning is the public instrument of the world? . Therefore, as far as it is concerned, academic power is the public power of academic * * *, and it should be given to every member of academic * * fairly, so as to reflect the publicity and fairness of power and highlight the concept of academic freedom and equality. Unfortunately, this theoretical logic has not been translated into actual behavior. In the actual operation of academic power, because the subject of academic power is usually a member of a social system, its daily behavior is mainly related to this system, so it is inevitable to have a behavioral tendency to safeguard its own interests, and then this behavioral tendency will be implicitly or explicitly brought to academic affairs management and resource allocation. This greatly weakens the publicity of academic power itself. A notable example of this is the change of lecture system in western universities. The professor system has made great contributions to the development of modern universities, but with the expansion of professor power, the negative aspects such as monopolizing research resources and suppressing new forces are constantly emerging. By the end of 19, the lecture system in western universities has become rigid. For the benefit of their own departments, lecturers take measures to suppress emerging majors in their own research fields, and they are not allowed to set up new research institutes or offer independent lectures, which seriously hinders the development of emerging disciplines. Defend academic power? Male * * *? Since the 1960s, the lecture system in western countries has gradually disintegrated and turned to department system. 3. The responsibility mechanism of academic power is absent. Power and responsibility are inseparable. Since academic organizations and their members are endowed with certain powers, they should be responsible for the results of the exercise of corresponding powers. The absence of academic power in the responsibility mechanism will inevitably lead to disorder and excessive exercise of power. Donald, a famous American scholar and former president of Stanford University? Kennedy had a deep understanding of the lack of supervision mechanism and responsibility mechanism of academic power in modern universities. In his book "Academic Responsibility", he mentioned that it is worth pondering to review history. On the one hand, even if scientists have a clear understanding of some academic misconduct, they would rather keep silent than make such behavior public. On the other hand, some special committees or groups have been grandiose and hasty in investigating specific incidents, and have not followed strict procedures in implementing the system. ? In Kennedy's view, the weakness and helplessness of the academic anomie handling mechanism is rooted in the lack of responsibility mechanism. The responsibility mechanism of academic power is absent, and universities have a crisis of trust in academic power. This crisis of trust makes the academic Committee, the most important academic organization in colleges and universities, dubbed as? Academic neighborhood Committee? . ? Academic committees within universities should defend the dignity of academic research, but under the current power framework of universities, academic committees often appear aphasia and cannot have the seriousness and authority they deserve to play their role. Academic neighborhood Committee? . ?
Third, the normative exercise of academic power.
1. Academic power should follow the principle of procedural justice. Procedural justice is the basic idea of modern rule of law. The legal system under the concept of procedural justice firmly believes that substantive justice is impeccable and only a derivative or by-product of the result of procedural justice. Procedural justice maintains the authority of procedural rules, while procedural justice embodies that no one has the privilege to go beyond procedural rules. Academic power should follow the principle of procedural justice from the following aspects: the generation of members of academic organizations should embody the principle of democracy, that is, the time, place, rules and conditions for the generation of members of academic organizations should be open and elected, so as to prevent organizations or individuals from being appointed and put an end to black-box operations, so as to dispel the doubts of power counterparts about the legitimacy of academic organizations. The operation of academic power should follow the strict avoidance system, aiming at eliminating the adverse effects caused by stakeholders in the process of power operation. According to this principle, in the process of exercising academic power, members of academic organizations who have direct or indirect interests with the power counterpart should voluntarily or forcibly withdraw, so as to exercise their power fairly. In order to protect the corresponding rights of the power counterpart, modern administrative theory holds that the management object is not a simple behavior object or a simple subject. In order to achieve a good management effect, it is necessary to have a two-way interaction between procedures, and bring the management object into the process of exercising power, so that it can be familiar with the situation of exercising power. Perfecting the appeal and dialogue system of the administrative counterpart and unblocking the dialogue channels are important factors to protect the rights of the administrative counterpart. When making an academic resolution that is not conducive to the other party, it shall promptly inform them of the reasons for making the decision, listen to their opinions, and inform them of the legal rights relief channels they enjoy.
2. Academic power should follow academic characteristics. The fundamental requirements for academic power to comply with academic characteristics are reflected in the following aspects: First, the subject of power exercise can only be scholars, not administrative officials. The legitimacy and effectiveness of academic power is based on the academic level and ability of scholars, not from administrative positions and ranks. Second, the scope of academic power can only be academic affairs, but not non-academic affairs with great interests. Administrative power and academic power are two different orientations of university power, and they are obviously different in acquisition mode, nature, status, scope of action and external supervision mechanism. Third, the purpose of academic power is to protect academic freedom. To protect academic freedom, we should not only improve the external system for protecting academic freedom, establish legal norms for protecting academic freedom, and oppose the abuse of administrative means to interfere with academic freedom, but also cultivate the internal system with the spirit of academic freedom as the core, highlight the spirit of academic independence, improve academic moral standards, severely punish academic misconduct, and create a tolerant academic atmosphere.
3. Improve the responsibility mechanism of academic power. The national education authorities have realized the importance of academic responsibility and put forward the problem of strengthening the construction of study style? Eight votes for it and eight votes against it? , among them? Advocate academic criticism and academic responsibility, and oppose a group of friendly abusive words? The formulation. In fact, when the academic power of universities is placed under the background of social transformation, it is not difficult to find that universities have a sense of historical responsibility, and universities can no longer simply use academic freedom as an excuse to avoid responsibility. ? Because modern universities play an important role in scientific innovation and academic research, we believe that the sense of responsibility is the inherent connotation of universities, and universities should not avoid this problem, but should take full responsibility for the research results in the development of experiments. ? A sound power and responsibility mechanism is an important guarantee for the existence, durability and social responsibility of universities. In order to implement the responsibility mechanism of academic power, it is essential to establish an academic dispute resolution mechanism. Looking at the current judicial settlement mechanism, judges are good at finding out the facts of cases and controlling litigation procedures, but they are helpless about academic judgments beyond their professional knowledge. Therefore, the legal dilemma of judicial intervention in academic disputes is obvious. In this regard, the effective way to improve the academic dispute resolution mechanism is to establish an academic dispute arbitration system. ? Arbitration system originated from the field of private law among citizens, and finally extended to the field of public law related to power, which has the dual characteristics of public law and private law. This characteristic, together with the public and private characteristics of academic disputes, is also the emotional basis for arbitration system to intervene in the field of academic disputes. ? Academic dispute arbitration system solves disputes by setting up arbitration committees and arbitration tribunals. When the Arbitration Commission adjudicates a specific case, both parties to the dispute choose arbitrators from the expert database established by the Arbitration Commission to form an arbitration tribunal. The arbitration tribunal will make a matter of justice binding on both parties according to the facts of the case, on the basis of openness, avoidance, voluntariness and full debate, and in accordance with legal provisions and scientific principles.
[References]
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Study on Academic Norms in Universities (Ⅱ): Academic Norms
In the 1990s, the academic discussion about the style of study and academic norms was incorrect. Study style? 、? Academic norms? And so on. Once something goes wrong in academic research, it may lead to academic corruption. If we don't have a clear understanding of the harm of academic corruption, it will have an irreversible negative impact on academic development.
Style of study, academic norms, academics
The academic discussion on the style of study and academic norms in the 1990s is known as "style of study". A University Case in China in 1990s? . ① Scholars from social sciences and humanities, including natural sciences, participated extensively and made in-depth discussions on the style of study and academic norms in academic research.
On academic norms
Mr. Yang Yusheng, a professor at China University of Political Science and Law, first discussed the study style and academic norms. 1998 China Book Review published Yang Yusheng's article "A University Case in China in 1990s ―― A Memorandum on Academic Norms". What was the first discussion about academic norms? A University Case in China in 1990s? . It is this memo that, on the basis of describing various academic anomie phenomena at that time, comprehensively summarizes various opinions on what academic norms are, whether they should be standardized, and how to standardize them. In September, 2000, the fifth issue of Academic magazine published Jing Jianbin's article "Academic norms and the construction of style of study ―― a new focus of academic circles in 1990s", which was written according to the memorandum. Supplemented the materials discussed in 1999-2000 academic specification and some materials obtained by the author through interviews? . (2) on February 28th, 2002, presided over by Yang Yusheng? Academic criticism network? Hu Yang, Department of Sociology, Nankai University, published "Building Academic Norms and Opposing Academic Corruption ―― Newsletter on Dialectics of Nature"? Academic norms and the construction of study style? Discussion summary: This paper summarizes the phenomena of academic anomie and academic corruption, analyzes their causes, and on this basis, puts forward specific measures to establish academic norms and combat academic corruption, and further thinks over many deep-seated problems raised in the discussion of dialectics of nature for more than a year. April 2002 16, Academic Criticism Network? Zhou Xiangsen's article "The Conflict between the Old and the New China and the West ―― Discussion on Academic Norms in the Period of Great Change and Its Enlightenment" was published. Different from the previous three articles, which objectively introduced various viewpoints, described academic anomie and made appropriate comments, Zhou Xiangsen made an in-depth summary and analysis of the substantive and key issues related to the discussion of academic norms, such as when to start, what is the deep background of the discussion of academic norms, and how to define academic norms, and clearly pointed out that this academic discussion is the inevitable product of the conflict between the old and the new China and the West and the transformation of academic paradigm during the great change period. It is a landmark event that humanities and social sciences begin to mature, and it is also a beneficial exploration for China scholars to realize the localization and internationalization of humanities and social sciences? . In my opinion, this paper makes an in-depth discussion and analysis of the academic style of study and academic norms since the late 1980s, and the textual research is more conclusive and comprehensive. At the same time, some influential academic journals, magazines or editorial departments also jointly organized a seminar on study style and academic norms with some key universities and research institutes in China, which discussed the study style and academic norms from the macro perspective of the overall construction of humanities and social sciences in China, and promoted the continuous deepening of the discussion on study style construction and academic norms.
However, it is a pity that the discussion on the style of study and academic norms has been widely carried out while the whole academic community has not formed a unified understanding. At the same time, in recent years, academic corruption incidents caused by improper study style and violation of academic norms have been repeatedly exposed, which has aroused widespread concern from all walks of life.
? Academic norms? Related concepts and their explanations
Style of study As far as individuals are concerned, style of study is the internal and external comprehensive expression of learners' subjective mental factors in the process of learning and inquiry. It not only reflects the level of learners' learning literacy, the strength of learning will and the distance of learning ambition, but also reflects some tendencies of learners in choosing research methods and constructing thinking modes, and also directly predicts the success or failure of learners' learning inquiry activities to some extent. For a normal academic field or a normal academic institution, the style of study is a bridge of communication, a bond of unity and cooperation, and a spiritual motivation for unremitting pursuit. University teachers engaged in educational activities and academic research should have lofty professional ethics, scientific attitude of seeking truth from facts, rigorous and realistic research spirit and clear and reasonable research methods. Otherwise, they will not only fail in their studies, scholars and teachers, but also mislead people's children. Therefore, for university teachers, the style of study is an overall and fundamental issue involving scientific spirit, academic attitude, teaching and educating people, and the success or failure of education. Therefore, we must vigorously strengthen the construction of academic atmosphere in colleges and universities.
Academic norms. Deng Zhenglai thinks:? The so-called standardization problem not only refers to the establishment of various rules, but also involves the substantive rules of academic content, such as how to establish an academic evaluation mechanism, how to construct an academic research paradigm, how to create a tradition of knowledge growth in China social sciences, and so on? . ④ Researchers Lu and Jing Tiankui from the Institute of Sociology of China Academy of Social Sciences put forward their views on the standardization of sociological research. They believe that the standardized academic construction of sociology should include two aspects: scientific research and management. In scientific research, standardized academic construction involves: at the operational level, there must be research methods that researchers basically agree with; On the knowledge level, there should be a basic theory and concept system generally accepted by scholars; On the moral level, researchers should have the spirit of self-discipline. In scientific research management, project demonstration should follow strict procedures and standardized formats, have a formal peer review system for publishing papers, and have scientific evaluation criteria for achievements. ⑤ In many discussion articles, the above two viewpoints have comprehensively and systematically expounded the specific scope of academic norms, but in a strict sense, the author believes that the definition of academic norms should include not only the level of ideas and values, but also the level of procedures and operations. Therefore, the so-called academic norms can be regarded as academic values and academic behavior patterns formed by academic entities in a certain period of time and recognized by most members of academic entities, including academic ethics norms, academic research norms, academic management norms, academic evaluation norms and academic criticism norms. This definition avoids the trivial description of academic norms, concretizes academic norms in different stages of academic research, and facilitates the clear classification of academic anomalies.
Academic corruption. Failure to comply with norms in academic research leads to? Anomie? Behavior, and beyond a certain limit, it may have a qualitative change, that is, it may further degenerate into the focus of exposure and criticism in the current academic and higher education circles? Academic corruption? . The author believes that the so-called academic corruption refers to the academic depravity that violates the academic ethics, academic value and academic research norms formed in a certain period and recognized by most teaching and scientific researchers, and takes all improper means to obtain honor and interests. The reason why academic corruption in colleges and universities has attracted more and more social attention is fundamentally because colleges and universities are places to cultivate talents and explore knowledge. Academic anomie and even academic corruption caused by improper study style of university teachers may not only make our development strategy of rejuvenating the country through science and education fail and lose the most precious originality of academic research, but also break through the moral bottom line of society and lead to moral decay of the whole society? Avalanches This disastrous consequence may not show up immediately, but it is not impossible.
Why do academics need to be standardized?
Academic corruption, especially in colleges and universities, not only desecrates academic dignity, defiles academic sanctity, corrodes university teachers, violates the academic spirit of seeking truth and being pragmatic, hinders academic development and innovation and the healthy growth of talents, but also affects the implementation of the strategy of rejuvenating the country through science and education and the improvement of the quality of the whole nation.
A serious obstacle to academic development. As the inheritance, research, exploration and application of knowledge, academic activities need to pursue objective truth and be faithful to it. Academic development is inseparable from the noble academic ethics based on objectivity, honesty and selflessness, and from the powerful innovation power of pursuing originality. Seek public interests politically, interests economically and truth academically. Is academic isomorphism a? Seeking truth? As its leading value, the * * * body's operating order is mainly maintained by the unique spiritual temperament of literati.
Obstacles to social progress. In every era, intellectuals, especially university teachers, who are at the forefront of seeking knowledge and truth, always play a leading role in the thinking of the times. Especially in modern times, since the bourgeois democratic revolution led by Dr. Sun Yat-sen, China's humanistic thought began to take on a modern form. 19 19? May 4th Movement? With the outbreak of the movement, the new proletarian culture marked by democracy, science and Marxism further enriched and improved China's humanistic thought system and formed Marxist humanistic values with national forms. The discussion on the standard of truth, which originated in the transitional period of contemporary China, is also closely related to the humanist intellectuals in China. It is precisely because of this that intellectuals can be called the elite of society and the spiritual pillar of the times. If these people are corrupt, it will seriously hinder the overall development of society.
Infiltration and extremely stubborn infiltration, spread and spread. Someone once conducted a survey on occupational prestige in China, and selected the most representative occupation in the society at that time (14) to conduct a survey on all representative urban residents in China. The results show that the respondents in all cities rank scientists and university professors in the first and second place in professional prestige. ⑥ This fully shows the trust and expectation of the whole society to the intelligentsia, especially higher education. If even university teachers who are teachers can't resist the invasion of social corruption, how can we educate society through education? In order to avoid or save the academic development crisis, social spiritual crisis and human development crisis that academic corruption may or has caused, we must clearly put forward the task of resisting and opposing academic corruption, whether it is to take precautions or to make up for it. (The authors are deputy secretaries of the Party Committee of the Academy of Fine Arts of Nanjing Normal University; Associate Professor, Jiangsu Education Evaluation Institute)
To annotate ...
① Yang Yusheng:? A University Case in China in 1990s ―― A Memorandum on Academic Norms? Journal of Hebei University of Economics and Business, No.5, 1998.
② ③ Zhou Xiangsen:? Conflict between the old and the new ―― Discussion on academic norms in the period of great change and its enlightenment? , http://www.omitted, April 2002 16.
④ Deng Zhenglai:? Further development of social sciences in China ―― A summary of the discussion on the publication of Journal of Social Sciences in China? , Dongfang, No.2, 1995.
⑤ Lu and Jing Tiankui: Sociology in the process of China's modernization? China Social Sciences, No.6, 1997.
⑥ Xia Xueluan: China people in transition, Tianjin People's Publishing House, 200 1, p. 72.
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