学术自由：现代大学制度的奠基石

Academic Freedom: The Cornerstone of Modern University System

现代大学制度以促进知识生产为根本目的，要求以保护学术自由为起点，以完善大学自治为基本条件。德美两国在保护学术自由方面进行了成功的探索，从而成为现代大学制度的典范。德国自柏林大学开始，就确立了学术自由原则，通过宪法、讲座制和公务员待遇等来保护学术自由。美国自大学教授联合会成立之后就把维护学术自由作为使命，而联邦最高法院判例发挥了不可替代的作用，最终形成了以终身教职制为特色的学术自由保障机制。借鉴国际经验，我国现代大学制度建设应注重学术自由立法，运用法治来捍卫学术自由免受各种侵害。

The fundamental aim of modern university system is to promote the production of knowledge. Therefore， the protection of academic freedom is taken as the prerequisite and the improvement of university autonomy as the basic condition for the development of modern university system. On account of their successful explorations in the protection of academic freedom， Germany and the United States become models of modern university system. Since the founding of Berlin University， the principle of academic freedom has been established in Germany， and has been safeguarded by the Constitution， the lecture system and appointing teachers as civil servants. In the United States， AAUP regarded the protection of academic freedom as its mission， and the Federal Supreme Court also played an irreplaceable role in the protection of academic freedom. At last， the United States established its own mechanism of academic freedom protection featured by tenured system. International experience reveals that the establishment of modern university system need to focus on the legislation on academic freedom and defend it from all kinds of violations.