| The reform of higher education has been slowly progressing along with a series of reforms in economic and political system from 1970s.The problems about enterprise's managerial system are nearly resolved after 20 years. Compared with the reform of government which became more and more scientific, the problem of the institutions' system was still in amess.As an important part of institutions, how to make the reform of higher educational institutions progress? It's one of contents about the reform of higher educational institutions in China. In my eyes, the relationship between higher educational institutions and government is the very important outer relation in the progress of higher educational institutions, because it is the key to affirm the power of decision of higher education institution and the status of legal person, and regulate the higher educational institution with law. Only to deal with the relationship of them well, the higher educational institution can progress well and quickly. Obviously, it is the necessary to put the relations between them in a key place of the reform in higher educational system.We consider that public educational institutions have 3 different legal positions which are organization empowered by law and regulation, relative person of administration and legal person. In the different law suits, according to our present laws. There are different legal relations between higher educational institutions and litigant, because of the different legal statuses of higher educational institutions. It plays the role of relative person of administration in the legal relation between government and it.The relation between higher educational institution and government is the single form until 1980s, which is a typical legal relation. Higher educational institution is the accessory of government without the right of legal person. After the Civil Law General Rule was promulgated in 1996, Higher educational institution's legal status was...
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