农民工子女学校“转制”的产权分析:以上海为例

Property Rights Analysis of the "Transformation" of Schools for Children of Migrant Workers in Shanghai

如何解决城市化进程中流动人口子女公平接受教育问题是我国教育发展面临的一大难题。上海市政府2008年策动的162所农民工子女小学"民办公助制"试验为流动人口子女教育提供了有益探索和宝贵经验,但在取得成绩的同时,也存在着致命的教育产权问题隐患,需要积极应对。首先"转制"学校一刀切式的"民办非企业"法人架构,既不是纯公益组织,也不是纯营利性企业组织,导致学校实际办学性质定位模糊,"回民"还是"转公",进退两难;其次"转制"前后各种学校资产产权归属的界定与划分还不够清晰,容易滋生国有资产流失及各种产权纠纷风险;再者"转制"学校的权力内部治理机制尚不健全,未来发展方向也充满变数,不免引发人们对农民工子女教育政策的不稳定预期和各种办学短期行为,师生正当权益也难以得到有效保护。

How to ensure that children of floating population receive education fairly in the process of urbanization is a difficult problem in educational development in China. The Shanghai municipal government in 2008 takes 162 migrant children schools as pilot schools implementing ＂government funding for private school＂ system , and provides valuable experience and beneficial exploration for educational development for children of floating population. However, at the same time, there exists a vital hidden trouble on education property. Firstly, ＂private non-enterprise organization＂ kind of legal person framework should be converted, because these schools are neither pure public service organizations nor for-profit business organizations so that it leads to fuzzy positioning on the character of running these schools. To be private schools or public schools, it＇s really in a dilemma. Secondly, the definition and division of property ownership before and after transformation is not distinct which easily leads to the loss of state-owned assets and risk of property disputes. Lastly, internal governance mechanism of transformed schools is unsound, and the future direction of development is also uncertain, which may causes instable expectations of educational policy for children of migrant workers and all kinds of short-term behavior, eventually the legitimate rights and interests between teachers and students can also be difficult to get effective protection.