Analysis of Establishing a Unified Corporation System for Public and Private Universities
- 教研院－已发表论文 
我国公办高校和民办高校法人制度不同、改革理路殊异,这种"双轨制"倾向难以应对理论诘难与实践困境,建立公私统一的高校法人制度势在必行。公共行政范式的转变为此提供了理论依托。多中心治理的兴起,使得垄断性的国家行政转向国家与社会合作的公共行政,公法范围扩张至从事公共事务的第三部门。在国家及其创设的机构之外,从事公共事务的民间自治组织亦应纳入公法人之列。基于此,两类高校均应定位于公法人;同时,为适应其组织特性,应在公法人框架下创设专门的高等学校法人。改革路径是在建立公法人制度的基础上,由法律明确规定高校的法人属性,并据此完善相关制度安排。Different corporation systems exist for our public and private universities and they are lacing different reform orientations. As the dual systems couldn＇t deal with the theoretical and practical dilemma, establishing a unified corporation system has become a must. The transformation of public administration paradigm has provided a theoretical support for this proposition. The popularity of multi-centered governance has pushed the monopolistic state administration towards a corporative public administration between state and society, and the scope of public law has been extended to the third sector organizations in public affairs. In addition to the state and its institutions, the civil organizations engaged in public affairs should also be included in the public corporation system. Therefore, both public and private universities should be positioned as public corporation, and to adapt to its organizational features, a specialized university corporation should be created under the framework of public corporation system. On the basis of the public corporation system, the reform is expected to clearly define the legal status of universities by law and ameliorate the relevant institutional arrangements accordingly.