The Problems Of Legal Person Status Of Public Universities In China And The Perfecting Countermeasures

The transformation from government management to privately operated management is a new trend in the development of Chinese modern management thought. Privately operated management means that all management units should build legal person government according to the requirements of modern enterprise system, with the legal person representative and the professional staff responsible for the decision-making and management and that the official leaders and the government will no longer interfere with enterprises operation and management. Although enterprises and universities have their own characteristics and rules, the latter can draw lessons from the experience of the former. Traditionally, the rights of opening, running and administrating universities (the publics ones) are under the control of the government therefore they are restricted in the aspects of enrolling students, establishing majors, and so on. With the development of social economy and higher education, it's difficult for this kind of system to adapt to the new trend and the universities are short of enthusiasm, initiative, and creativity. At present, the higher education law has guaranteed the recognition of the legal person system of universities in organization and form, and has stipulated the basic contents and concrete meanings of the higher education right of autonomy, but there is still a long way to go universities can handle all the relations as an independent legal person. Thus, analyzing the problem of legal person status of China's public universities and proposing the perfecting countermeasures are of great importance to the development of China's higher educationFirstly, this paper interprets the implication of college legal person by comparing college legal person with enterprise legal person. College legal person enjoys the law character of civil main body as well as the administrative character of main body which is difference from the former. In addition, Compared with the separation of property rights and operating rights, the basic character of universities decides that the government's property right and the control right to college are not separated thoroughly. To college legal person status in modern university system, the government will withdraw from all concrete business of education administration gradually, endowing universities with more rights to independence and making full use of the market's positive role as much as possible; The government's responsibility is to construct the system of education service, and build rules, standards, and regulations to supervise the process of administration. After explaining the meaning of college legal person, this paper further analyzes the necessity of establishing university legal person status. All these lay theoretical basis for discussing China's university legal person status.On the one hand, in studying university legal person status in China, we can come to a conclusion that university legal person was only nominal by analyzing the status quo from the relations between universities with the government, teachers, students, society, and so on. The main causes to the problem of university legal person status in China are the planned economy inertia; the inertia effects on education centralization management; the shortcoming of appraising mechanism and various supporting reforms. On the other hand, put forward perfecting measures. First of all, reconstruct the relation between the government and university. Secondly, reinforce the law guarantee. Finally, it is a gradual process to perfect their status, and it is a global problem and a system reform. It involves many aspects such as the systems of running schools, managing, enrolling new students, investing, concerned educating system, and the country's personnel system. Therefore, overall speaking, the problems of university legal person will be resolved step by step by harmonizing each factor.