陕西地区民办高校法人治理结构研究

发布时间：2018-01-12 06:01

本文关键词：陕西地区民办高校法人治理结构研究　出处：《西北农林科技大学》2013年硕士论文　论文类型：学位论文

【摘要】：从2002年《中国民办教育促进法》颁布以来,我国民办高等教育发展迅速,已经成为高等教育的一支重要力量,在中国高等教育发展中承担了重要责任。随着中国高等教育步入大众化时期,民办教育迎来了前所未有的机遇,但更面临着巨大的挑战。法人治理结构不科学、师资力量不足、抗风险能力弱等原因已经严重影响了民办高校的良性健康发展,民办高校已经不能满足现阶段高等教育的要求。而要实现民办高校的健康发展,进而创建世界一流民办高校,法人治理结构是首先要解决的问题。研究、探讨和完善我国民办高校法人治理结构有利于理顺民办高校与包括政府、教师在内的利益相关者的关系；有利于在法理上为民办高校的健康发展提供强有力的法律依据。目前,民办高校产权和法人财产权不明确是我国民办高校法人治理结构完善的主要障碍。社会对于民办高校主要是投资办学,投资的寻利性是民办高校法人财产权难以落实的重要原因。而法律制度设计不周全、民办高校主要投资者的素质不高、民办高校决策机构不完善、其他利益相关者的角色缺位等因素进一步增加了构建和完善民办高校法人治理结构的难度。因此,在明确民办高校产权和法人财产权的基础上,通过制度创新,建立和完善激励教师群体参与治理的机制、探讨政府参与民办高校治理的可能性与途径,使我国民办高校建立起各利益相关者共同参与治理的合理完善的法人治理结构成为民办高校发展的必然趋势。本文以陕西省民办高校为研究对象,以民办高校法人治理结构为重点,从法律制度入手,借鉴公司法人治理结构的相关理论,在充分分析我国民办高校法人治理结构现状与不足的基础上,结合陕西省民办高校法人治理结构的实例分析,提出了科学合理构建陕西省民办高校法人治理结构的建议。以期通过建立和完善陕西省民办高校法人治理结构,实现民办高校健康、和谐发展,提高民办高校办学质量与办学效益。
[Abstract]:Since 2002 China "Private Education Promotion Law" promulgated, the rapid development of China's private higher education, has become an important force in the development of higher education, higher education China bear an important responsibility. China with higher education into the popularization period, private education ushered in a hitherto unknown opportunities, but also facing enormous the challenge. The corporate governance structure is not scientific, the shortage of teachers, weak anti risk ability of reason has seriously affected the healthy development of private universities, private colleges and universities of higher education has been unable to meet the requirements at this stage. In order to realize the healthy development of the private universities, and create a world class private universities, corporate governance structure is the first to solve the problem research, explore and improve the corporate governance structure of private colleges in China is conducive to straighten out the private universities and government, teachers, stakeholders The relationship between; to provide a strong legal basis for the healthy development of the private universities in law. At present, private university property and corporate property rights is not clear is the main obstacle of our corporate governance structure of private universities. The perfect society is mainly invest in schools for private colleges, the investment benefit is an important reason for the property the right of legal person in private colleges is difficult to implement. And the design of the legal system is not comprehensive, private colleges is mainly the quality of investors is not high, the decision-making mechanism of private colleges is not perfect, the lack of the role of factors and other stakeholders to further increase the building and improving the corporate governance structure of private universities difficulty. Therefore, based on clear property rights and private colleges legal property rights, through institutional innovation, establish and perfect the incentive mechanism for teachers to participate in governance, explore and government participate in the governance of Private Universities Way, reasonable and perfect corporate governance structure of the private universities in China to establish all stakeholders involved in governance has become the inevitable trend of the development of private universities. The private colleges in Shaanxi Province as the research object, the corporate governance structure of private colleges as the focus, starting from the legal system, based on the relevant theory of corporate governance structure. Based on a full analysis of the governance structure of private universities in China and the legal problems, combined with the analysis of examples of corporate governance structure of private colleges in Shaanxi Province, put forward the scientific and reasonable construction of corporate governance structure of private colleges in Shaanxi province. In order to establish and perfect the corporate governance structure of private colleges in Shaanxi Province, the private college of health, harmony the development of private colleges and universities, improve the teaching quality and teaching efficiency.

【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：G647;D922.16

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