A Study On Property Of Private Higher School In China

"Private Education Promotion Law" stipulated "the private school in the deduction school cost, reserves the development fund as well as withdraws the essential expense after the national related stipulation, the investor may obtain the reasonable repayment". But in the reality school, was unclear, the ownership not clear because of the property right causes the right duty not assume ethical phenomenon still exist massively. This article mainly profits from in the new system economic " property right" theory to analyze the property right of private higher school in china, and according to it, proposed the concept of "property right of private higher school", has discussed the characteristic of property right in private higher school, the property right relations by and its with the property right of enterprise, the property rights of public universities similarities and differences. Simultaneously, We have analyzed the situation of our country private higher school's property right and its questions, and in the analysis foundation, constructed the reasonable property right structure for our country private higher school to provide certain ponder and suggestions.Private higher school is refers by business organization, the social group and other social organizations and the citizen personally use not finance education funds, conducts the college and other higher education organizations face the society. The private higher school property right refers is to the private higher school property right, including the narrow sense property rights, holds the power, the right of use(operating right or school power), the usufruct and disposition right this kind of group of rights ties. The private higher school as a result of the social public welfare restriction can not merely pursue the profit maximization, this is different with the enterprise property right, and its property right limits have the relative integrity, the stability and the endurance. It is clear about the country, the school legal person, the investor and various aspects responsibility, the power, the advantage limits the property right, thus enhances the entire education resources the disposition efficiency, achieves the enhancement school benefit the goal. And can cause the property rights and the school operating right separates, implements "the school does not have taken to seek to make a profit as the goal" the principle well. Because the overwhelming majority private higher school invests the school the main body all is the multiplication, therefore the multiplex property right structure with handles fairly the universities unification the property right structure is completely different, is the private higher school distinguishes to handles fairly the universities the most important characteristic. The private higher school 's school pattern mainly has handles fairly transfers the system, the private two levels of institutes, the education joint stock system, the education group, the university city several kinds, most has representatively educates the joint stock system. It is most effective school form to our private school property right.Must seeks to make a profit qualitative and the personal investment reasonable anticipated between contradiction, property right define dander is unfair, the school legal person system is not perfect and soon all is a question which the present our country private higher school property right exists. These questions not only affect individual, the society invest and establish the private higher school the enthusiasm, moreover affects the private higher school resources the disposition efficiency, affects the private higher school collated and corrected copy income. The property right limits undefined directly limited and has fettered the private higher school's development, moreover managed the scholar because will lack to the future anticipated, they ran a school the enthusiasm and warm also was unable to obtain the full stimulation.Therefore, must solve the private higher schools' property right problem, most basic is the establishment suits the private higher school sustainable development the property right system and its the movement mechanism. Has essentially achieves following several aspects: Firstly, must strengthen to the private school's legislation construction; Secondly, must be clear about the limits private higher school's nature and legal status, the formulation and the perfect property right system; Thirdly, strengthens the government to the private school's supervising and managing dynamics; Fourthly, is clear about the limits private higher school disposition right; Fithly, is clear about the limits private higher school property ownership power; Sixthly, is clear about the limits Private higher school surplus property the assignment power; Seventhly, uses the nimble diverse school form, effective addressing "repayment" question;Lastly, Establishment and consummation private higher school's interior mechanism...