CAJ | 학술논문

法学视角下,高等学校本科专业设置权不仅具有公权力的属性,同时也属于高校自主办学的基本权利范畴。在产业转型的背景下,我国现有的专业设置体制已不能适应高等教育改革与发展的需要,亟待依照高等教育规律与现代法治的要求重新配置政府与高校的专业设置权。省级地方政府应当以地方立法规范专业设置权的行使,高校应当在大学章程中载明本校专业设置的基本思路。
법학시각하,고등학교본과전업설치권불부구유공권력적속성,동시야속우고교자주판학적기본권리범주。재산업전형적배경하,아국현유적전업설치체제이불능괄응고등교육개혁여발전적수요,극대의조고등교육규률여현대법치적요구중신배치정부여고교적전업설치권。성급지방정부응당이지방입법규범전업설치권적행사,고교응당재대학장정중재명본교전업설치적기본사로。
From a view of law, the power of setting undergraduate maior for universities belongs to the features of executive power as well as within the range of their basic independent management power. Under the background of industrial transformation, current major setting system has not been fit for the demands of higher educatioffs reform and development, which need redistribute major setting power between these two parties as higher education regularity and rule of law. For provincial governments, it is necessary for them to legislate for appropriate use of major setting power, but for universities, they need to clearly explain their basic thought in the university constitution.