非营利性民办高校办学宗旨实现路径探析

Analysis of the Path to Realize the Purpose of Non-profit Non-governmental Institutions of Higher Learning

《民办教育促进法》修订后,分类管理政策成为规范民办高校发展的一项创举,但以往民办高校"以非营利之名行营利之实",对政策实施造成诸多困惑。一些民办高校的运行管理已经背离了非营利性办学宗旨,集中表现为通过非公平关联交易获取经济回报、以家族式控制方式实施学校治理、侵犯师生合法权益、未建立相应的监管制度等。究其原因,主要是相关法律制度不完善、学校治理结构不科学、社会力量监督不到位和师生权益保障机制不健全。为促进非营利性民办高校办学宗旨的实现,提出完善相关法律制度、健全内部治理结构、加强社会监督、切实保障师生权益等建议。

After the revision of Non-profit Non-governmental Education Promotion Law, classified management system has become an innovation in regulating the development of non-governmental institutions of higher learning. However, in the past, non-governmental institutions of higher learning practiced for-profit in the name of non-profit, which has brought a lot of confusions to its implementation. The operation and management of some non-profit non-governmental institutions of higher learning have deviated from the purpose of non-profit, which is mainly manifested in obtaining economic returns through unfair transactions, implementing school governance through family control, infringing the legitimate rights and interests of teachers and students, and failing to establish relevant supervision system. The main reasons are that the relevant legal system is imperfect, the governance structure is inadequate, the supervision of social forces is not in place, and the protection mechanism of teachers and students’ rights is not perfect. In order to promote the realization of the non-profit purpose of non-governmental institutions of higher learning, suggestions are put forward to improve the relevant legal system and corporate governance structure, strengthen social supervision, and effectively protect the rights and interests of teachers and students.