我国非营利性高校法人所有权的虚置与重构
发布时间：2019-04-03 12:26
【摘要】：随着我国教育市场化体制改革的推进,高校产权问题业已成为教育体制改革和发展的重要命题。然而,由于非营利性高校产权的"非营利性",加上公办高校的"政资不分"与"政校不分"以及民办高校的"出资者控制"等问题,造成我国非营利性高校法人所有权处于"虚置"和"缺失"的状态,引发了诸如高校法人主体地位难以实现、高校法人产权缺失法律保护、高校产权的激励约束功能失效等一系列的问题。对此,高校需要确立高校法人对学校财产的所有权,健全和完善高校法人所有权的共同治理机制,贯彻落实高校法人的主体地位和自主权利。
[Abstract]:With the advancement of the reform of educational marketization system in China, the problem of university property right has become an important proposition in the reform and development of educational system. However, due to the "non-profit" of the property rights of non-profit colleges and universities, together with the problems of "political resources" and "political schools" in public colleges and universities, as well as the "control of funders" in private colleges and universities, and so on, As a result, the ownership of legal person in non-profit universities in our country is in the state of "false place" and "missing", which leads to the difficulty of realizing the subject status of legal person in colleges and universities, and the lack of legal protection of property rights of legal persons in There are a series of problems such as the failure of incentive and restraint function of property rights in colleges and universities. Therefore, colleges and universities need to establish the ownership of the university legal person to the school property, perfect and perfect the common governance mechanism of the university legal person ownership, and carry out the subject status and the independent right of the university legal person.
【作者单位】： 厦门大学;
【分类号】：G647
，
本文编号：2453211
[Abstract]:With the advancement of the reform of educational marketization system in China, the problem of university property right has become an important proposition in the reform and development of educational system. However, due to the "non-profit" of the property rights of non-profit colleges and universities, together with the problems of "political resources" and "political schools" in public colleges and universities, as well as the "control of funders" in private colleges and universities, and so on, As a result, the ownership of legal person in non-profit universities in our country is in the state of "false place" and "missing", which leads to the difficulty of realizing the subject status of legal person in colleges and universities, and the lack of legal protection of property rights of legal persons in There are a series of problems such as the failure of incentive and restraint function of property rights in colleges and universities. Therefore, colleges and universities need to establish the ownership of the university legal person to the school property, perfect and perfect the common governance mechanism of the university legal person ownership, and carry out the subject status and the independent right of the university legal person.
【作者单位】： 厦门大学;
【分类号】：G647
，
本文编号：2453211
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