台湾地区大学自治和法律保留之关系

大学自治和法律保留的关系在台湾地区一直充满争议,这种争议源于制度保障说和授权说之间的冲突,前者将自治权视为宪法上的分权而不从属于法律,后者则要求严格适用法律保留,要解决冲突不能仅仅以制度保障说来代替授权说,还需要控制法律对大学事务的规范密度。台湾地区的经验和教训对推动大陆大学法治建设具有重要借鉴意义。

Relationship Between University Autonomy and Law Reservation in Taiwan Region

The relationship between university autonomy and law reservation in Taiwan region receives many disputes which arise out from the conflict between theories of system guarantee and authorization,the former of which upholds autonomy as a right granted by the constitution that not the subordinate to law while the latter requires the strict application of law reservation.To solve the issue asks not only to take the place of the authorization theory by the other one,but also to restrict the law regulations of university affairs.The experience and lessons in Taiwan region is of much significant reference meaning for the promotion of university legal construction in mainland.