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现代大学不仅承载着培养人才的国家使命,更担当着复兴文化的历史职责。现代大学治理是政策治理,更是法律治理。现代大学的法律治理,既包括国家教育法律法规层面的“硬法”治理,又涵盖章程、校纪校规层面的“软法”治理,国家“硬法”与校内“软法”共同构成了高等学校行政权力与学术权力运行的规则尺度。随着办学自治权的不断扩大,校内“软法”往往在国家“硬法”难以企及的领域发挥着独特填补治理功效。
Modern universities not only carry the national mission of cultivating talents, but also play a historical role in the revitalization of culture. Modern university governance is policy governance, but also legal governance. The legal governance in modern universities includes not only the “hard law” governing law and regulations of the state education but also the “soft law” governing the constitution, the school rules and regulations, the national “hard law” and the school “ Soft law ”together constitute the rules and regulations of the operation of administrative power and academic power in colleges and universities. With the continuous expansion of the autonomy in running schools, the “soft law” of the school often plays a unique role in governing the government in the areas difficult to be met by the state.