我国公立高校贷款债务化解的法律问题研究

发布时间：2018-11-17 19:29

【摘要】：我国高校贷款从刚起步的小规模抵押担保贷款,到后期大规模的一揽子授信协议,让高等教育在金融市场资金的强有力注入下欣欣向荣蓬勃发展。但其负面效应已经彰显,高校深陷债务泥沼无心办学。高校贷款债务的解决,无论是运用财政、市场化,还是税收、法律的手段,都已经到了非解决不可的时候了。学者们对如何构架当前高校贷款这一民事借贷法律关系还没有形成统一认识,还有很大的研究空间。基于此,本文从法律的角度尝试对我国高校贷款问题中的法律关系、法律地位做系统分析,提出法律建议,并对今后高校贷款的出路提供有效解决方案。期望能对我国高校贷款的法律关系重构和问题的实际解决有所裨益。本文站在法律的角度主要从以下三个方面研究了高校贷款的化解问题：(一)高校贷款法律关系分析。首先对高校的法律地位和法人财产权进行了明确界定,其次对高校贷款的法律关系进行了深入分析。(二)现有高校贷款债务化解的四种方式及其实质揭示。现阶段我国高校贷款债务的主要化解方式有四种：土地置换、高校偿还、政府偿还和奖补政策。深入分析后发现政府是高校贷款债务的实际承担者,政府还贷是否合法?高校债务是否属于公共债务?政府与高校是否存在软预算约束?文中针对这些问题进行了分析回答。(三)对高校贷款债务化解提出建议：重新构建高校贷款法律关系；在民事法律关系的框架之下,主张建立新型高校借贷关系,政府作为高校的出资人,对高校债务只以“出资”为限承担有限责任,高校以全部非事业经营性财产对外承担债务,而银行在金融活动中要严格防范,控制风险；现有高校贷款债务由政府偿还。根据现有高校债务化解方式存在的问题,本文从法律和逻辑角度对政府偿还的合法性和合理性进行了阐述,并主张由政府承担偿还责任；建立高校贷款分类制度,高校贷款应依照贷款的用途进行区分对待,将高校贷款种类分为基础设施建设的国家开发银行贷款和非基础设施建设的商业性银行贷款。
[Abstract]:From the small scale mortgage guarantee loan at the beginning of our country's college loan to the large-scale credit agreement in the later period, the higher education is flourishing and flourishing under the strong injection of financial market funds. But its negative effect has already manifested, the university is mired in the debt bog does not have the intention to run a school. The solution of university loan debt, whether by means of finance, marketization, taxation and law, has already reached the necessary time. Scholars have not yet formed a unified understanding of how to construct the legal relationship of civil loans in colleges and universities, and there is still a lot of room for study. Based on this, this paper tries to make a systematic analysis of the legal relationship and legal status in the issue of college loans in China from the legal point of view, puts forward legal suggestions, and provides an effective solution for the way out of college loans in the future. It is expected to be of benefit to the reconstruction of the legal relationship and the practical solution of the problems of college loans in China. From the point of view of law, this paper mainly studies the solution of university loan from the following three aspects: (1) the analysis of the legal relationship of university loan. Firstly, the legal status and property right of legal person are defined clearly, and then the legal relationship of university loan is analyzed deeply. (2) the four ways and the essence of resolving the loan debts of colleges and universities. At present, there are four main ways to resolve the loan debt in our country: land replacement, college repayment, government repayment and reward policy. After in-depth analysis, it is found that the government is the actual bearer of university loan debt, and is it legal for the government to repay the loan? Is college debt a public debt? Does the government and universities have soft budget constraints? These questions are analyzed and answered in this paper. (3) to put forward some suggestions on the solution of university loan debt: reconstructing the legal relationship of university loan; Under the framework of civil legal relations, the government, as the investor of colleges and universities, advocates the establishment of a new type of university loan relationship. The government, as an investor of colleges and universities, only takes on limited liability for university debts, and colleges and universities take on debts to the outside with all non-business assets. Banks should strictly guard against and control risks in their financial activities. Existing university loans are repaid by the government. According to the problems existing in the existing ways of resolving university debt, this paper expounds the legitimacy and rationality of government repayment from the angle of law and logic, and advocates that the government should bear the responsibility of repayment. In order to establish the classification system of college loans, college loans should be treated differently according to the purpose of loans, and the types of university loans should be classified into national development bank loans for infrastructure construction and commercial bank loans for non-infrastructure construction.
【学位授予单位】：陕西师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：G647;F832.4;D922.28

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