民办高校法人地位诸问题研究

发布时间：2018-06-05 08:50

本文选题：民办高校 + 法人地位　；参考：《西南政法大学》2012年硕士论文

【摘要】：民办高校是我国的一个新事物，其中可供研究的方面极多，本文仅就有关其法人地位的诸多问题做一研究。民办高校属于法人，这一点毫无疑问，不管是理论界还是实务界都取得共识。但是，民办高校到底是属于何种法人，在法律上尚未确定，本文首先在此问题上予以讨论。其次，民办高校的资金来自于民间，，在确保资金来源的稳定性和投资者所投资金的安全性方面，在法律上必须予以体现，但目前尚未有成型的法律制度予以保障，本文将民办高校法人财产权分为举办者产权和民办高校法人财产权两个问题来讨论。前者的解决需要明晰产权，后者需要落实法人财产权。再次，民办高校内部治理结构是保障民办高校持续快速健康发展的关键一环，本文首先提出民办高校的内部治理结构应当参照公司内部治理结构，但由于其特殊性，应当有资金的特点，然后对现有法律规范中有关其内部治理结构的规定做一梳理，指出不足指出，最后对完善民办高校法人治理结构提出自己的意见。第四，民办高校大学章程，是对民办高校实施管理和民办高校自身实施各种行为的依据，其地位相当重要，但目前尚未有专门的法律对其做出明确规定，本文试图对民办高校大学章程的制定过程和内容作一探讨。最后，本文还对民办高校的进入退出机制进行探讨，对现有制度的缺失提出自己的意见。
[Abstract]:Private colleges and universities are a new thing in our country, which can be studied very much. This article only studies a number of problems related to its legal person status. Private colleges and universities belong to legal persons. There is no doubt that there is no doubt that both the theoretical and practical circles have achieved consensus. However, what legal persons belong to private colleges and universities have not yet been confirmed by law. First, this article is discussed on this issue. Secondly, the funds of private colleges and universities come from the folk. In order to ensure the stability of the source of funds and the security of the investors' investment, it must be embodied in the law, but at present there is no legal system to protect them. This article divides the property rights of private colleges and universities into organizers. Property right and private university legal person property right two issues to discuss. The former needs to clear property rights, the latter needs to implement the legal person property rights. Thirdly, the internal governance structure of private colleges and universities is a key link to ensure the sustained and rapid and healthy development of private colleges and universities. Firstly, the internal governance structure of private colleges and universities should be referred to the internal company. The management structure, but because of its particularity, should have the characteristics of funds, and then the existing legal norms on its internal governance structure of the provisions to do a combing, pointed out that the lack of point out, and finally to improve the private university corporate governance structure of their own opinions. Fourth, private colleges and universities, private colleges and universities are the implementation of management and private higher education. The school itself carries out various behavior basis, its position is very important, but at present there is no specific law to make clear regulations. This article tries to discuss the process and content of the constitution of private colleges and universities. Finally, this paper also discusses the entry and exit mechanism of private colleges and universities, and puts forward its own lack of the existing system. Opinion.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.16

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