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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。
The relationship between university autonomy and legal preservation has always been controversial in Taiwan. This controversy stems from the conflict between institutional security and authorization. The former regards autonomy as a constitutional decentralization rather than subordination to the law. The latter, on the other hand, The strict application of legal reservations is required. To resolve conflicts, we can not just say that institutional guarantees should be substituted for delegation of authority. We also need to control the normative density of law on university affairs. The experience and lessons from Taiwan are of great significance in promoting the building of the rule of law in mainland universities.