分类管理视野下我国民办学校法人改革进展与分析

Analysis on the Reform Progress of the Legal Person in Private Schools in China under the Perspective of Classified Management

分类管理是我国民办教育新一轮改革的基本方向,而法人定位是这一改革的前提。目前,改革主要针对登记为民办非企业单位法人的民办学校,主要有根据投入资产的公私比例明确法人性质、登记为民办事业单位、调整现有民办非企业单位法人制度和转型升级为财团法人四个方向。未来可以在促进并扶持民办学校健康发展的价值取向下,将分类管理作为我国民办教育制度建设的长期目标。为实现这一目标,短期内可制定分类扶持政策或让非营利性民办学校登记为民办事业单位法人,但从中长期来看,应规范现有民办非企业单位法人和建立非营利法人制度。

Classified management is the basic direction for the new round of reform in private education in China,and positioning of the legal person is the premise of this new reform. At present,the reform mainly aims at the private schools which are registered as the legal person of private non-enterprise unit,and there are four directions in this reform： definite the nature of legal person according to the public and private proportion of investment; registered as private institutions; adjust the current system of the legal person in private non-enterprise unit; and transformed and upgraded as the legal body of financial group. In the future,the classified management may be adopted as the long-term aim in the building of private education system in China in order to promote the healthy development of private schools. To realize this aim,in the short term we can make classified policies for supporting the private education or register the non-profit private schools as the legal person of private institutions,yet for the middle or long term we should make specifications for the legal person of current private non-enterprise unit and set up the system for non-profit legal person.