论我国公立高校董事会的法律地位

On the Legal Status of Governing Board of China's Public Higher Education Institutes

我国公立高校所实践的董事会机构设置不符合大多数国家的制度惯例,缺乏法律依据或章程依据,因此导致我国公立高校董事会面临法律地位不明的尴尬现状。解决问题的途径是,或者修改《高等教育法》,或者在大学章程中明确规定大学设立这样的机关,并明确董事会的职权。

The establishment of governing board of public higher education institutes in China is not in compliance with most of such institutions in other countries. Such establishment is lack of legal basis arising from legislation or articles of incorporation of the higher education institutes. All these have given rise to the situation that the status of the governing board of public higher education institutes is ambiguous. The solution to this problem is either to revise the Higher Education higher education institutes may establish the governing Law or to revise the articles of incorporation so that the board and clarify its powers.