Research On Several Issues Of The Legal Personization Of Colleges And Universities

In the legal system in China,higher education institutions are classified as Institution Legal Persons,who should have possessed their own property,had rights and assumed obligations under their own name.Nevertheless,in reality,higher education institutions do not act as legal persons,instead,they are considered as the extension of governmental authority,both intra-institutionally and inter-institutionally.Especially in respect of management structure and property right,bureaucracy is still the main theme.Relating higher education institutions to governmental ranking,empowering the government to decide personnel and over-focusing on vertical management while neglecting horizontal connection gives rise to inefficiency and poor communication.In the daily course of higher education institutions,the “Owned by country,represented by local administration” system has made the rights and obligations unclear and thus caused inefficiency in the usage of resources and erosion of property.Upon analyzing the aforementioned issues,this thesis suggests to reform higher education institution in the light of the “equity owned by shareholder,property owned by company ” pattern.By including governmental authority in the investor committee,which ensures the policy of higher education institutions do not depart from the party's guiding principle,and empowering the board to have more autonomy,higher education institutions are less affected in academic matters.Second,this thesis suggests acknowledging the property right of higher education institutions,which contains possessing,using,profiting from and disposing of the property,to ensure their rights are under protection and their obligations are duly performed in case of infringement.Together,they benefit the education course of China.Finally,charters of higher education institutions are vital in operating these legal persons when there is no more vertical administrative instruction will be given by authority to them after the reform.Therefore,after comparing charters of Chinese University and foreign universities,this thesis gives suggestion on revising and drafting charters.