Study On Corperate Governace Structure Of Private Higher Education Institutions

As the complementarities of the public higher education institutions (HEIs), in the initial stage of the private HEIs inevitably encounter many challenges. The construction and perfection of the corperate governance structure of the private HEIs is the essential way to resolve the problems."Law on Promotion of Private Schools"and its"implementation details"has clearly regulated on the corperate governance structure of the private HEIs, confirm the system of principal responsibility under the leadership of Board of Directors. Despite this, in reality, as a result of unclear property rights, there are some problems can not be ignored. Therefore, this article hold that the construction of privateHEIs has its wide range of theoretical basis: the modern university autonomy theory and the principal-agent theory are its management theoretical basis; related legal theory and education laws and regulations, especially the"law on promotion of private schools"are its legal theory basis; the theory of checks and balances of power is its political science theory basis. China's current private HEIs has many problems on property rights because of a variety of reasons, mainly including: First, the confusion of the investor ownership and the property rights of private HEIs as a legal person; Second, the confusion of ownership and manangement rights. Because of the existence of these problems on property rights, there are many problems on the governance sturcture of private HEIs, such as the relationship among the Board of Directors and its Chiarman and the principal; the construction of the Board of Directors; missing of supervision systems, and so on. We should learn from corporate governance structure, aim at these existing problems, in the core of checks and balances of power, to construct a copreate governance structure of private HEIs, which its authority department and emplementation department and supervision department restricts one another.