独立学院法律地位研究

A Study on the Legal Status of the Independent Colleges

当前独立学院具有独立法人地位的规定尚不够明晰,其法律地位亟待解决的问题主要有:与我国现行民办高等教育法律体系不协调;独立学院法律地位规范的内容不健全;规范性法律文件的效力级别明显偏低。完善独立学院法律地位应从健全独立学院法律制度,并将独立学院的立法纳入与现行民办高等教育法律体系两个方面入手。

At present, the regulation is not quite explicit whether the independent colleges have independent legal status. The main problems of their legal status are listed as follows： Firstly, it doesn＇t match with the current legislation of the non-governmental higher education. Secondly, the contents defined by the legal status of the independent colleges are not complete. Thirdly, the effective fore of the standardized legal documents appears obviously weak. In order to improve the legal status of the independent colleges, effective measures should be taken from two aspects： to strengthen the law system of the independent colleges and to bring the relative legislation into the current legal system of the non-governmental higher education.