基于公立高校法人财产权特殊性的贷款制度设计

On the Design of a Loan System Based on the Person's Special Right of Property of Higher Learning Institutions

公立高校是依法成立的事业单位法人,享有法律规定范围内的法人财产权,具有占有、使用、收益和处分四项基本权能。但是国家基于公益目的对高校的国有资产保留终极处分权能、因而高校的收益权能尤其是处分权能极其有限,进而影响到它的民事借贷能力。对高校法人财产权特殊性认识的不足,是导致高校化债危机产生的深层次原因,也是重构新型高校贷款制度的基础。建立以政策性贷款为主、商业性贷款为辅的高校贷款制度,更是基于对高校法人财产权特殊性的认知。

State-run higher learning institutions are institutional persons founded by law,so they enjoy the right of property under the provision of law,including such functions as possession,utilization,returns and disposal to their relevant property.However,the state possesses the final disposal to assets reserved by higher learning institutions for a purpose of public welfare.As a result,higher learning institutions have only a limited right for property returns,especially the right of disposal,which affects their capacity of civil loaning.A limited recognition of the specialty of the institutional person＇s right of property is one of the deep reasons which give rise to the crisis of the higher learning institutions＇ debts,and is also the prerequisite to reconstruct the loaning system of higher learning institutions.A proper recognition of the specialty of higher learning institutions＇ assets calls for a loaning system of higher learning institutions with policy loan as dominant and business loan as subordinate.