高校法人滥权问题的制度回应方向

How A University Avoids Abusing Its Corporate Authority with Institutional Improvement Approach

在我国,高校自律与他律失衡现象的背后是高校法人滥权问题。高校法人滥权的突出表现,是高校以法人身份发生的经济性行为失控失范。产生高校法人滥权的原因,既与高校自主权的法源复杂有关,也与高校自主权的实际获权过程特别是其行使制度设计缺陷有关。我国高校自主权的行使制度设计以"事业单位法人"为基础,其最大缺陷是未有效界分高校自主权的公、私职能。高校法人滥权对社会和高校自身都具有危害性,约束高校法人"经济人"行为取向的制度改革方向,是适时推进高校法人的"公法化"进程,同时对市场经济体制下高校已缺少不了的少量私权职能予以规范,特别是要清晰界分这两种不同职能活动的特征及范围,切断以私权职能冒充公权职能的暗道。

In China's universities, there is a disbalance between internal restriction and external supervision, which leads to abused corporate authority and ill economic behavior of some universities. This kind of abuse, which does harms both to society and to universities themselves, results not only from the complicated origins of university's autonomy, but also from the defects in its exercising system. In China, the design of this system, based on the legal status of so-called Institution Corporate, never differentiates the public and private functions of university's autonomy effectively. Therefore, it is necessary to carry forward the process that empowers public university to have Public Corporate status, yet remains its some private functions to meet the need of market economy. Especially, it needs to differentiate the public and private functions of university's autonomy as well as their scope of operation clearly, so as to cut off the canal that substitutes public function by private one.