民办高校的基本法律问题

Thoughts on Basic Legal Issues of Private Colleges

根据现行有关民办高校的法律规定,可以对民办高校进行较为细致的分析并发现很多法律问题,可以对民办高校进行分类并分析其法律性质,却难以判断民办高校是否属于法人以及属于何种法人。建议引入"民办事业单位"的概念,将非盈利性民办高校作为事业法人、将营利性民办高校作为企业法人。《民办教育促进法》存在的不合法之处,却是合理的和符合实际的,因此需要修改相关立法。

According to the existing law on private colleges, we can analyze private colleges deeply and find lots of legal issues. Private colleges can be classified and analyzed in terms of its legal nature. But it is difficult to determine whether private colleges belong to a legal person or what kind of legal person. It is suggested to introduce the concept of ＂private institutions＂. We will take the nonprofit private colleges as an enterprise legal person and take the profit private colleges as a profit legal person. There are some illegal issues in ＂Private Education Promotion Law＂, but they were reasonable and practical. So we need to modify related legislation.