On Constitution Protecting For The Right Of Academic Freedom In University

Academic freedom was born at colleges and universities and now this right has become the important condition and strong guarantee for a college or university possible to uphold academic innovation. Just like“innovation”to be the spirit for a country to grow,“academic innovation” should be the spirit for the academic circle to develop. Academic study and innovation is an important method for the formation of a new recognition and new knowledge. In order to guarantee the correctness and accuracy of the knowledge, the subject who enforces the academic freedom right should be allowed to conduct academic activities in a comparatively free environment and to abide by the standard of truth only, free from any interference except the Constitution and the Law.Most Existing studies on academic freedom in our country are more concentrated in the field of higher education, philosophy, sociology,has received little attention of legal scholars;In the subject researching,but from an overall perspective,to research academic freedom.Therefore,this paper drawing and based on existing research results,on the trial from the perspective of the Constitution guarantees the right to freedom of academic thinking,trying to on the view of constitutional protection of universities academic freedom to research academic freedom.The main body of this paper is divided into four parts, the first part of this main body is chapter Ⅰ, in this chapter focuses on the concept about universities academic freedom and its Constitution attributes. This section introduces the subject and content of the universities academic freedom,the Constitution attributes of Universities academic freedom was analyzed.The second part of this main body is chapter Ⅱ, this chapter focuses on describing and comparing how to protect the Universities academic freedom by Constitution in some other countries outside. In order to introduce the Constitutional guarantee manners of universities academic freedom in extraterritorial countries,providing a reference for the constitutional guarantee of academic freedom in Chinese universities.The third part of this main body is chapter Ⅲ, this section focuses on the problem about the inadequate of Constitution guarantee on universities academic freedom.In our country,the shortage of Constitution guarantee on university academic freedom is mainly reflected in: First, the Constitution and law does not clear that what particular rights could the subjects of universities academic freedom enjoy,second, the constitutional remedy of universities academic freedom is imperfect.The last part of this main body is chapter Ⅳ,two proposals were offered for constitutional guarantees of universities academic freedom.About Legislation, there are two aspects: firstly, to improve the constitutional provisions on universities academic freedom; and secondly, to improve the relevant provisions of the relevant common law. On Constitutional Relief, to establishment Constitution relief system for academic freedom right of university.