教育产权概念的经济学分析与现实法律思考

Economic Analysis on the Concept of Educational Property Right and Juristical Consideration on its Reality

产权是法学和经济学的交集问题,在两个学科间既有相通性也有差异性。而教育领域存在与物质生产领域相同的产权存在的基础和条件、教育产权是产权的二级本质表现、教育活动的特殊性决定了有必要另建教育产权概念。依据法学和经济学产权概念的指导,认为教育产权是经济上产权与法律上产权合理"张力"的统一,教育产权是一个权利束、一组权力关系,其中的"教育"是一个抽象含义。但经济学分析教育产权是有特定条件的,有必要从如何配置教育产权和教育产权配置后的权利保护两个方面来对教育产权进行法律规制。

Property right, which is the intersection of law and economics, has both similarities and differences between these two disciplines. There exists the same basis and condition of property right in material production field as that in the field of education, and educational property right is the secondary essential performance of property right. So the particularity of education activity determines that it is essential to construct another concept of educational property fight. According to guidance of the concept of property right in law and economics, we think educational property fight is the reasonable ＂tension＂ unity of economic property fight and legal property right, and educational property right is a bundle of fights as well as a set of power relationships in which ＂education＂ has abstract meaning. However, it requires certain conditions to make economic analysis of education property fight. So it is necessary to regulate educational property fight in terms of educational property right allocation and protection of right after the allocation.