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民办高校是公办高校的重要补充,于教育事业的发展至关重要。而现行法对其主体性质的规定却是模糊不清的,“民办非企业单位”概念也存在问题,难以解决民办高校的主体性质问题。结合目前三种主要的法人分类模式,本文认为《民法通则》的分类模式应被弃用,以是否营利为分类标准也不妥当,而社团、财团二分法更为可取。从长远看,对于民办高校,定性宜活不宜死,实行分类管理才是发展方向。
Private colleges and universities are an important complement to public colleges and universities and are crucial to the development of education. However, the provisions of the existing law on the nature of its subject matter are vague and unclear. There are also problems with the concept of “private non-enterprise units”, and it is difficult to solve the subject-matter nature of privately-run colleges and universities. Combining with the three main types of corporate taxonomies, this paper argues that the taxonomy of “General Principles of Civil Law” should be discarded. It is not appropriate to use profit-making as the taxonomy, but the dichotomy between associations and consortia is preferable. In the long run, for private universities, qualitative should not live to death, the implementation of classification management is the development direction.