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The Legal Study on the Property Right’s Configuration of Non-governmental Institution of Higher Education

Author: YangTing
Tutor: ZhouHong
School: Southwest China Normal
Course: Principles of Education
Keywords: Private Higher Education Institutions Property Configuration Legal issues Corporate governance
CLC: D922.16
Type: PhD thesis
Year: 2005
Downloads: 587
Quote: 3
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Abstract


Since China's reform and opening up, the private education developed by leaps and bounds, and various forms of Private Higher Education Institutions have continued to increase. Private Higher Education Institutions by other social organizations or groups outside the government invested capital Seeking Profits led to the generation of the school property rights issues. China's \Depth study of the property rights of Private Higher Education Institutions configuration problems, and strive to solve the problem from the legal, with the corresponding theoretical and practical value. This article by the configuration of Chongqing 7 Private Higher Education Institutions property investigation and analysis of the status quo, that the main legal issues of property rights of Private Colleges configuration: the confusion of the legal property location, property legal relations between the principal is not clear, the corporate governance structure of property rights imperfect, the lack of effective restrictions and protection of the rights of the property rights, lack of property rights disputes settlement mechanism. On this basis, according to the theory of jurisprudence and civil law, through the analysis of the relevant laws and regulations of China and other civil law countries, presented preliminary ideas to solve the problem of Private Colleges Allocation of Property Rights laws: in the Education Act additional terms of the school corporation, the school corporation defined in a list format; clearly Private Higher Education Institutions legal nature and content of the organizers and the property rights of other subjects in the school; increase in the Private Education Promotion Law \School Board about the provisions of the Independent Directors, additional Board of Supervisors the terms and provisions of the composition and terms of reference of the Board of Supervisors, certain restrictions on the composition of the board of directors and its decision-making mechanisms; Private colleges and universities or educational administration to set up an education council highlights interests The constraints of the corporate governance of the school property rights: to further strengthen the conditions for the celebration of the Private Higher Education Institutions and held qualifying limit; property disputes for private colleges and universities, to develop appropriate processing rules. This article seeks to creativity is that: defined the concept of property rights in schools; analysis of the scope and nature of property rights of the special legal entity of the Private Higher Education Institutions: clear school property rights; the carding school property rights of the corporate governance structure content; explore the legal restrictions of Private Colleges and Universities property rights protection content, principles and methods.

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