论民办高校的行政法规制

On the Administrative Regulations of Private Colleges

随着我国市场经济体制的完善,民办高等教育已经成为社会公共行政的重要领域之一。教育行政领域的这种新发展给传统的行政法带来了许多新的挑战,民办高校也成为行政法研究的重要内容。对民办高校的行政法规制的前提是要对其法律地位包括法人属性和行政主体地位进行准确认定。此外,还要不断完善相关的行政立法规范体系,再配置有效的政府监管措施以及通畅的行政救济制度。唯此,这种行政法的规制才能成为公私合力发展我国高等教育事业的保障。

With the advancement of China＇s market economy, private higher education has become one of the important areas of public administration. The new development in the field of educational administration has brought many new challenges to the traditional administrative law, and private colleges have become an important part of administrative law research. The premise to the administrative regulations of private colleges is accurate identification of their legal status including their legal personality and administrative body. In addition, the relevant administrative legislation norms should be constantly improved with effective government regulatory measures and smooth administrative relief system. Only by doing this, the administrative regulation would become the protection of the development of higher education with public and private efforts.