民办高校退出法律机制研究

Legal Mechanism of Private Universities’ Withdrawal

民办高校是我国高等教育事业发展的重要增长点和促进高校竞争体制改革的重要力量。近年来受到少子化、竞争加剧、高成本经营和全球化等内外因素的影响,部分民办高校经营不善、难以为继,面临破产和退出。民办高校的退出不仅事关举办者、投资者利益之得失,而且关系到学生和教职员工合法权益之保障,因此建构一套科学完善的民办高校退出法律机制实属必要。民办高校退出法律机制之建构应该就建立和完善财务风险管控机制、建立经营预警机制、强化合并诱因机制、确立重整再生机制、构建清算与接管机制、完善利益相关者权益保障机制等内容进行重点规制,从而有效预防民办高校退出和使民办高校安全退出。

Private universities are an important point for the development of higher education in China and an important force to promote the reform of the competition system of institutions of higher learning. However, in recent years, affected by internal and external factors, such as fewer children, intensified competition, high-cost management and globalization, some private universities have suffered from poor management and unsustainable development, and are facing bankruptcy and withdrawing. But the withdrawal of private universities is not only related to the gains and losses of the interests of the organizers and investors, but also related to the protection of the legitimate rights and interests of students and faculty. Therefore, it is necessary to construct a scientific and perfect withdrawal legal mechanism of private universities. The construction of the withdrawal legal mechanism of private universities should focus on the financial risk control mechanism, business early warning mechanism, strengthening the merger incentive mechanism, restructuring mechanism and bankruptcy takeover mechanism, and improving the protection mechanism of the rights and interests of stakeholders, so as to effectively prevent the exit and make the safe exit of private universities.