我国民办高校法人治理结构探析

Exploration on the Legal Governance Structure in Chinese Private Universities

随着我国经济社会发展,民办高校的发展方式必须实现由注重规模数量向加强内涵质量转变。制约民办高校跨越发展的关键问题是民办高校的法人治理结构不能满足现实发展的需要。虽然我国已经出台了关于民办高校方面的法律法规,但是现有规定过于原则,缺乏可操作性,对于诸如产权和监督等重大问题存在制度设计的缺陷。学术界的研究较多移植公司治理的相关理论,对民办高校法人治理的特殊性关注不足。我国民办高校应该构建以政府引导为主、各方利益相关者共同参与的法人治理结构。

With the development of Chinese economy and society,the development mode of private universities should be transformed from emphasizing scale and quantity into strengthening connotation and quality. The key problem that restricts the leaping development of private universities lies in the legal governance structure,which can＇t satisfy the need for practical development of the private universities. Although relevant laws and rules about private universities have been issued by our country,the existing regulations lack the operability due to their over-general principles,and there exist the defects in system design concerning the important problems such as property right and supervision etc. The academic circle＇s research tend to directly transplant relevant theories in corporate governance,and lack the attention on the special aspects for the legal governance of private universities. Chinese private universities should construct the legal governance structure that is guided mainly by the government,and joined together by all the stakeholders.