Research On The Legal Person Property Rights System Of Private Colleges And Universities In My Country

During the process of reform and opening up,private higher education has made remarkable achievements both in school scale and school quality,although it has endured great hardships over the past few years.Private higher education not only enriches the form and content of China's higher education,but also provides differentiated and compensative education services,making it an important force in China's higher education from being a beneficial supplement of public universities.However,due to the delay of construction of legal system,there appears lots of non-standardized phenomenon in its running process.Arbitrary interference of the host has made the autonomy of the university's education virtually deficiency.Contradictions between profit-making compulsion and public welfare of education have become more serious,which have been a violation of the rights and benefits of the students,teachers and the society.The foundation of independent running of private colleges and universities in accordance with the law is to establish the legal person property right system,which plays an important role in optimizing the allocation of college resources and implementing the status of legal person.Therefore,legal person property right system is the cornerstone of the construction of modern university system in private colleges and universities.The legal person property right of private universities refers to a series of property rights that the personified subject of property right enjoys,including four basic rights: possession right,use right,disposal right and profit right.Its essence is a kind of legal person property ownership,which has the characteristics of independence,integrity and public welfare."Private education promotion law" clearly states the concept of private school legal person property rights for the first time,making clear provisions on the content of the legal person property right,the scope of use and prohibiting illegal acts such as embezzlement,misappropriation and withdrawal.It also makes a frame regulation on supervision and guarantee,which accelerates the construction and implementation of the legal person property right system in private universities in China.The establishment of the legal person property right system of private colleges and universities will help to implement the legal person entity status of private colleges and universities,establish a scientific modern management system,build up the autonomy of running schools,ensure them to work according to the laws of education,promote the high quality and efficiency of capital operation,and promote a sustainable and healthy development of private colleges and universities.However,the implementation of the legal person property right system did not meet the expectations of the legislator during the developing process of private colleges and universities,which has exposed many problems.For example,the unclear subject of legal person property right and unknown property right result in the confusion between the legal person property and personal property of schools,making it an opportunity for the organizer to intervene illegally.Obstacles in transferring assets,high cost and cumbersome procedures make the legal person's property right empty;Unsound legal person governance mechanism and lack of effective supervision of legal person property rights seriously hinder the effective implementation of legal person property rights in private colleges and universities,which will restrict the sustainable and orderly development of private colleges and universities.Therefore,in a gesture to build a perfect legal person property right system of private colleges and universities and promote the implementation of its legal person subject status,the legal person property right of private colleges and universities should first be clarified,and the assets invested by investors should be truly separated to become the property of university legal person,so that university legal person has the property basis to fulfill obligations.At the same time,the asset management mechanism should be improved,reasonable use of school funds should be standardized to ensure the use of school teaching administrative expenses.Secondly,obstacle of asset transfer should be removed in order to promote the implementation of corporate property rights in an orderly manner.Thirdly,it is necessary to improve the legal person governance mechanism of private colleges and ensure the implementation of the legal person property right system.Finally,the supervision mechanism of legal person property right of private colleges and universities should be constructed in various forms,such as perfecting the board of supervisors of private colleges and universities,strengthening government supervision and promoting third-party supervision,so as to ensure the effective implementation of legal person property right system of private colleges and universities.