监事制度构建的价值与技术——以江西民办高校为例

The Value and Technology of Constructing Supervisory System in Private Colleges and Universities:Taking Jiangxi as an Example

党的二十大报告首次提出“引导与规范民办教育发展”,民办高校法人治理结构成为被规范和调适的重要对象。民办高校监事会监督可以有效衡量和保障法人治理结构科学、规范,监事制度的质量水平则是民主、独立监督是否得以实现的重要前提和载体。为此,监事制度作为保障监事会科学设置、有效运行的必要,应从价值与技术层面进行认同和规范。从江西省33所民办高校分析发现,鉴于办学主体“民办”之特殊,过度依赖资本和权力双重驱动,现有多数民办高校的监事制度呈现出阙如或不敷之态,监事会往往沦为“空转”。为此,借鉴域外私立高校监事制度典型模式经验,结合我国民办高校监事制度实际,针对性提出了我国民办高校监事制度有益于完善法人治理结构、保障利益相关者的价值必要,建构监事制度之党的领导、内容正当、程序规范、监督独立的技术路径。

The report of the 2Oth National Congress of the Communist Party of China first proposed"guiding and regulating the development of private education",and the corporate governance structure of private universities has become an important object of regulation and adjustment.The supervision of the supervisory board of private universities can effectively measure and ensure the scientific and standardized corporate governance structure,and the quality level of the supervisory system is an important prerequisite and carrier for the realization of democracy and independent supervision.Therefore,as a necessary guarantee for the scientific establishment and effective operation of the supervisory board,the supervisory system should be recognized and standardized from the perspectives of value and technology.Based on the analysis of 33 private universities in Jiangxi Province,it is found that due to the special nature of the"private"educational entity,which relies excessively on the dual drive of capital and power,the existing supervisory system of most private universities shows a lack or insufficient state,and the supervisory board often becomes"idle".To this end,drawing on the typical model experience of the supervisory system of private universities outside the region and combining with the actual situation of the supervisory system of private universities in China,it is pointed out that the supervisory system of private universities in China is beneficial for improving the corporate governance structure and safeguarding the value of stakeholders.It is necessary to construct a technical path of party leadership,legitimate content,standardized procedures,and independent supervision for the supervisory system.