The Research On Corporate Property Rights Of University And Its Governance Mechanism In China

The corporate property rights system establishes the institutional foundation for the university corporate to independently run schools according to law under the market economy system.Furthermore,the corporate property rights system as the core content of modern university system and modern property rights system,play an important role in establishing the legal status of university corporate and optimizing the allocation of educational resources.In recent years,with the gradual deepening of the reform of our market economic system,the implementation of the legal status of the university corporate and the construction of the corporate property rights system has gradually been put on the agenda.However,due to the slow transformation of government functions and the absence of corporate property rights conception and so on,our property rights of universities are still in the state of "separation of ownership and management rights",and our universities are not able to establish the corporate property rights system which adapts with the market economy system.On the one hand,our universities are trapped in the embarrassing situations,such as"not-distinguishable form government and capital" and " no clear line between the government functions and universities",as a result of that our universities unable to truly realize "the separation of ownership and management";on the other hand,the"separation of ownership and management" led universities to "the ownership emptiness ",which is difficult to exert its incentive and the constraint functions.Therefore,the author based on the theory of universities corporate ownership and common governance acclaimed that "the separation of ownership and management rights" should be replaced by"the separation form owner's ownership and corporate ownership ",and completely implement the university corporate status through the establishment of the university corporate ownership and the construction the common governance mechanism,finally realize the purpose to independently govern schools according to law and to improve the quality of higher education.