Research On Issues Of Corporate Governance Of Schools

The relationship between government and school has been changing in the process of social transformation, which challenges to the traditional pattern of educational administration and the functions of government. Actually, according to the series of polices and laws issued, we know that Chinese government is attempting to adjust the relationship between government and school after reform and opening up to the world, and regard school as corporate enterprise, empowering school, implementing headmaster responsibility system so as to adjust the relationship between the both. From the measures taken above, we know that administrative pattern of the government to school doesn't change fundamentally. In essence, such pattern is still a administrative pattern, which can't resolve those problems of school. Therefore, the point is to transform such pattern for the corporate governance.Based on the purpose of such reform, this dissertation mainly studies how administrative system of school is changed from administrative pattern to corporate governance .For this reason, there are some core problems to be resolved including the definition and classification, basic nature, governance structure, power control and self-runned school of corporate governance of school. My study develops according to some key points of corporate governance and school reform practice for the further research into the transformation of school governance.The definition and classification of school corporation is the theoretical foundation for the study. According to the law, the legal status of school is viewed as corporation of enterprise, but this legal status is very vague in fact because our legal system has no classification of public and private corporation. Besides that, according to corporatization of our country, public school belongs to corporation of enterprise, but private school doesn't belong to corporation of enterprise, and has to be registered as corporation of non-business. Such school corporatization changes all types of schools into non- profit corporation, while there is not clear distinction of the nature between public school and private school. Therefore, the dissertation hold the view that corporatization of school should be redesigned, and based on the types of schools and goals and runners, private school should be studied in the perspective of private law.Basic nature of school corporation needs to analyze further on the base of different types of school and countries. This article discusses two types of school, namely, public school and private school. The legal status between public school and private school is not equal on the one side; the legal nature of school is not reflected in government administration and regulations on the other side. Moreover, school's legal nature in other countries is viewed as public corporation. Therefore, the dissertation holds the view that school corporation is not only non-profit, but also regulated by public law.Governance structure of school corporation is the core problem, which needs to regulate rights of stakeholders and normalize institution system. Framework of governance structure can be analyzed from the following two aspects: internal governance and external governance of school. Furthermore, by comparison with western governance structure of school, the governance structure, which is legal, plural, and changeable, has been influenced by many factors. As a result, we need to perfect governance structure of our Chinese school from law framework, governance body and governance mechanism.Governance structure is not only the process of regulation of stakeholders' right, but also balance of powers. Then multiple channels can be adopted in corporation governance including legality balance, right balance, power balance and responsibility balance. The purpose of balance is to guarantee the independent status of school corporation and the right of self- runned school.The practice of self-runned school is not only legal right, but also internal law of sustainable development. Self-runned school is the institute design for autonomous decision, self-management and containment based on the independent corporate system. This design helps to guarantee rights of school and promotes to self -development of school. The problem is that such reform is influenced by the whole social reform, especially influenced by the process and extent of government reform. Therefore, the key to the question of self-runned school should transform governance pattern of school, namely, form administrative control by government to corporation governance of school. First, this transformation will demand government to change its function, and reconstruct their relationship between government and school. Second, implementation of corporation governance needs to regulate and enlarge channels and measures of governance of social participation. Finally, non-government evaluation system should be established according to the law.