私立大学学長論〔I〕 : 法令上より見た私立大学長の地位
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概要
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The purpose of this study is to explain the position of the president of a private college or university in laws and ordinances. I. From the point of view on laws and ordinances related with School Education Law in Japan, the common position of the president of public and private colleges or universities become clear. (1) Duties of the president are "to take charge of school affairs" and "to supervise the personnel attached to his college or university." Especially, the supervision by the president who takes a wide veiw shonld not be strict, which is different from the supervision by the high and primary school masters. (2) The president enforces the affairs related with education and research with the approval of the faculty council. But, in some cases, the president can veto to enforce these affairs from his educational or supervisional point of view, even if the faculty council disagrees to them. (3) The president has negative and positive qualifications. The negative qualifications are common to the president of public and private colleges or universities. Positive qualifications are established by the Ministry of Education. But he has only established pualification to the president of a public college or university. Therefore, on the present stage, the positive qualification to the president of a private college or university must be established by the juridical person whom he attaches to. II. From the point of view on laws and ordinances related with Private School Law in Japan, the president of a private college or university can be appointed to a director of the juridical person. Therefore, the president holds two duties: (1) the enforcement of education and research; (2) administrating the college or university and the juridical person. Theseduties must not be contradictory to each other intrinsically. But, sometimes, these two facts are contradictory to each other. The reguration of these facts is the duty of the president. Therefore, the method of reguration must be studied from the other point of view.
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