大學治理涉及大學的設立者與大學之關係、大學內部組織在大學內部決策過程中的權限分配，以及大學內部成員參與決策的方式及程度。本文首先從法律的觀點，探討憲法上有關大學的價值決定及大學治理的憲法原則與界限。認為大學治理應以保障學術自由為主要目的，不得侵害大學內部成員之教學自由、研究自由與學習自由。並且大學治理應本於大學自治之原則，由大學內部之成員來共同參與治理。至於私立大學之治理基於私人興學之自由應享有較公立大學更廣泛的自治範圍與自主空間。其次本文進而分析現行大學法制有關大學治理之情形，並與大學法修正草案中之制度設計加以比較，並從大學的設置者與大學之關係、大學內部各組織單位間之權限分配以及大學內部成員對大學決策之參與等三方面來分析檢討大學法修正草案對大學治理之影響。最後，本文並嘗試檢討我國國立大學行政法人化之制度設計對大學治理之影響，檢討我國公立大學法人化之政策，並以日本國立大學法人化之狀況作為比較對象，檢討兩國國立大學法人化對大學治理之影響及其間之差異。 University governance involves the relationship between the university developers and the university, the power allocation of university organizations in the process of decision making, and the ways as well as the degrees in which that the university faculty participate in strategy setting. The first part of this essay is to survey, in terms of law, the value of universities in the constitution and the constitutional principles and limits of university governance. It is assumed that the main goal of universities is to guard the academic freedom. To put it another way, the freedom of teaching , the freedom of research, and the freedom of learning inside the university must be kept from any infringement. The other point is that university governance should be based on the principles of university autonomy; it is the university faculty that will work together to govern the university. In addition, given that private universities are established via schooling freedom, they are entitled to have more expansive sphere than national universities in both self-discipline and autonomy. In the subsequent content, this essay focuses on the analyses of how the universities are governed under the current university law. I will also compare the current governance systems to those designed in the draft of the University Law. Moreover, I will discuss the influence that the draft of the University Law draws upon university governance. The discussion will be done through three aspects: the relationship between the university developers and the university, the power allocation of each organizational unit in the university, and degree of participation in strategy setting from the university faculty. Finally, I will try to review the effect that corporative systems of national universities have on university governance in our country and evaluate the corporative systems of public universities. Furthermore, I will make a comparison of the corporationalization condition between the national universities in Japan and those in our country to see its influence on universities and the difference between two sets of systems.
