关于民办高校法人财产权的法学思考

On the Corporate Property Rights of Non-governmental Colleges

通过回顾民办高校财产权的相关法律规定,结合现行民办高校办学实践,认为鉴于筹资渠道的不同、学校类型及其性质的多元化,我国民办学校的财产权亦应为多元化。在承认民办高校均具有公益性的基础上,应根据纯捐资举办的非营利性民办高校、投资举办的营利性民办高校与混合举办的民办高校的不同类型,区别规定民办高校财产权的进入、运作与退出的法律保护机制。

The clarification of the meaning and the ownership of non- governmental colleges＇ property rights is the precondition to solve many problems of the current private education, and is the key to non-governmental colleges＇ survival and development By reviewing the relevant legal provisions and the existing practice of non- governmental colleges operation, we can draw a conclusion that for the diversity of the funding sources and college types, non-governmental colleges＇ property rights are diversified.On the basis of recognition of all of the non- governmental colleges having public interest,according to the different types of the colleges：colleges by purely donor-profit,by investment,by mixed funding,we should formulate the different operation mechanisms of property rights for the colleges to be into,to operate and to withdraw from.