政府与高校法律关系的定位是本科教学水平评估中的根本性问题。政府与高校在评估中处于什么地位、应扮演什么角色、承载哪些责任等一系列的问题都可归结为两者的法律关系定位。而从我国本科教学水平评估的实践看,政府与高校的法律关系出现了偏差和错位:主要表现在评估主体和责任主体的错位,因此,当务之急是必须进一步理顺政府与高校在评估中的法律关系,积极转变评估的模式,变政府主导型为社会主导型,实现政府与高校法律关系的归位。 The Positioning of the Legal Relationships between the Government and Universities is a Fundamental Problem in Undergraduate Teaching Evaluation. The role of the government and universities in assessing what role they should play and what responsibilities should they bear can be attributed to the legal relationship between the two. However, judging from the practice of undergraduate teaching level assessment in our country, the legal relationship between the government and universities appears deviation and dislocation: it is mainly manifested in the dislocation between the subject of assessment and the subject of responsibility. Therefore, it is imperative to further rationalize the law in the assessment of the government and universities Relations, and actively change the mode of assessment, change the government-led model for the community-led, to achieve the government and the legal relationship of colleges and universities homing.