公立高校财产权的立法构造

The Legislative Structure of Property Rights in Public Colleges and Universities

公立高校国有资产属于非经营性国有资产的范畴,性质与功能的同一性,决定了其法律规制方法的一脉相承。完全依靠行政法管制模式难以监控公立高校国有资产的严重流失。在中国民法典设置财产权总则编,确立国家所有权与国家用益权制度以构筑完善的国家财产权,通过非经营性国有资产使用权以规制公立高校财产权,完善高校财产自主权,明确高校的财产权利与义务,遏制其流失。

State - owned assets in public colleges and universities belong to the category of non - operating state - owned assets. With the same nature and function, their legal regulation method comes down in one continuous line. It is difficult to monitor problems of serious erosion in the state - owned assets in public colleges and universities if depending entirely on the administrative law control mode. Setting the general property fights in the civil code of China helps establish the system of state ownership and national usufruct, thus constructing perfect national property fights. The property autonomy in colleges and universities shall improve by using the non - operating state - owned assets to regulate property fights in public colleges and universities. And the property fights and obligations of colleges and universities should be made clear so as to curb its loss.