中国民办高校立法研究的几点思考

Considerations of the Lawmaking Research for the Private University in China

探讨了开展民办高校立法研究的意义 ,提出了民办高校的界定是一个属性概念 ,而不是层次概念。通过对民办高校的举办者 (投资者 )、经营者和管理者三者关系的分析 ,民办高等教育机构既是民办高校的经营者 ,又是法律责任主体。因此 ,制定《民办高等教育机构法》是中国民办高校立法中的核心问题。对《民办高等教育机构法》所涉及的基本内容进行了研究 。

It is discussed of the meanings of the lawmaking for Chinese private university in the paper.We consider that the Chinese private universities are a concept of attributes, not a concept of administrative levels in higher education. It is analyzed of three connections in the investor, the operator and the president in the university. We put forward that the organization of private higher education is the operator of private university and assumes law-responsibility. So we think that it is an important of establishing 'Organization-Law of Private Higher Education'. Finally, it is discussed of the main problems in the 'Organization-Law of Private Higher Education' in the paper.