从实然到应然:论非营利民办高校的产权构建

From Practical State to Perfect State: the Property Rights Construction of Non-profit Civilian-run Universities

民办高校具有独特的成长背景和发展轨迹,非营利性民办高校产权制度的实然状态与应然状态之间存在一定的脱节,甚至背离。要在制度设计、治理结构、外部环境等方面逐步培育和推进非营利民办高校的发展。具体是:一要实行"新校新办法,老校老办法"的产权界定总原则;二要明确过渡时期非营利民办高校举办人的权利义务;三要完善非营利民办高校的治理结构,加强产权方面的监管;四要明确学校终止清算后剩余财产的最终归属;五要创设非营利民办高校发展的制度环境。

There are some irrelevance,even deviation between the practical state and perfect state of the property rights system of non-profit civilian-run colleges and universities because of the special growth environment and the law of development. It is proposed to foster and promote the non-profit private universities in the aspects of system design,governance structure,and external environment,etc. First,It shall be regarded as the general principles of property rights that the newly created private colleges shall perform new standards and the existing provisions shall continue to be implemented for existing private schools before new standards are formulated. Second,the rights and the obligations of non-profit private universities organizers should be defined during the transition. Third,to improve the governance structure by the stronger regulation of the property rights. Forth,the ultimate ownership of the residual property after liquidation termination should be definite. Fifth,to create the institutional environment for the development of non-profit private universities.