民办高校民间融资监管及其立法完善

Supervision of Private Financing and Its Legislative Improvement in Private Colleges

办学经费的资本性质决定了民办高校具有融资办学的内在需求,民间融资是民办高校最重要的融资方式。近年来,民办高校民间融资领域频频发生非法集资大案,究其法律原因主要是监管严重缺位、监管主体不明、监管机制滞后和监管责任不清。因此,当前亟须完善民办高校民间融资监管立法,具体包括:实行分类监管、重点监管与行为监管相结合;构建综合性监管主体体系;完善与民办高校民间融资相适应的监管机制;建立监管问责制,排除地方利益或部门利益对民办高校民间融资监管的不当干预。

The nature of capital of school funds determines the internal needs of financing in private colleges,and private financing has become an important way to raise funds for private colleges because of many restrictions on the formal financing. But in reality,there is phenomenon of illegal fund-raising of private colleges. The reasons,in the legal level,include the serious lack of supervision,the unknown main regulatory body,the lagging behind of regulatory mechanism,and the unclear regulatory responsibility. At present,it is urgent to improve the legislation of supervision： the first is to adhere to the classification regulation,supervision and conduct supervision combined; the second is to establish a comprehensive supervision system; the third is a supervision mechanism to improve private colleges and universities with private financing characteristics to adapt; finally it must perfect supervision responsibility system,for eliminating improper intervention of local interests or the interests of some departments in private financing supervision of private colleges.