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《中华人民共和国民办教育促进法》对民办教育的存在形式、地位等问题做了法律界定,但是并没有明确民办教育的法人属性,我国相关的法律、法规对该问题也没有做出较为一致、明确的规定。因此,事实上民办教育一直以一类特殊的法人类型存在。本文以民办高校为例,对我国现有法律法规对民办教育法人性质的界定不清这一问题进行了探讨,建议将民办高校归入“事业单位法人”一类,在区分公益性、营利性法人的基础上进行分类管理,并建议从保障私权角度出发,来确定其财产的最终归属,以促进民办高校走上可持续发展道路。
The Law of the People’s Republic of China on Promotion of Private Education makes a legal definition of the existing forms and status of private education, but it does not specify the legal personality of private education. The relevant laws and regulations of our country have not made any more agreement on this issue. Clear rules. Therefore, in fact, private education has always existed as a special type of corporation. This paper takes private colleges and universities as an example to discuss the unclear definition of the legal nature of private education in existing laws and regulations in our country. It is suggested that private colleges and universities should be classified as “legal persons of public institutions” Based on the classification of corporate governance and suggested from the perspective of protection of private rights to determine the ultimate ownership of their property in order to promote private colleges and universities embarked on the path of sustainable development.