论文部分内容阅读
法人是指获得了私法上法律人格的团体。它是一种社会组织,拥有独立的财产,能独立承担民事责任,能以自己的名义参加民事活动。大陆法系和英美法系国家对学校法人分别有不同的分类,但各国对学校法人的分类都同时受到该国法律传统和教育发展历史传统的影响。按照我国法律对法人的分类界定,学校应当属于事业单位法人。现实中,我国的公办学校是按照事业单位法人对待的,而民办学校的法人类属和法律性质则显得模糊不清。无论公办学校还是民办学校,都面临着法律地位不明确的处境。这在一定程度上影响了学校的发展,需要采取相应措施加以解决。
A corporation is a group that has acquired legal personality in private law. It is a kind of social organization that has independent property, can assume civil liability independently and can participate in civil activities in its own name. Civil law and Anglo-American law countries have different classification of school legal persons. However, the classification of legal persons and schools in various countries in the country is influenced by both the legal traditions of the country and the historical traditions of education and development. According to the classification of legal persons in our country, the school should belong to the legal person of the institution. In reality, the public schools in our country are treated according to the legal entities of public institutions, while the legal and legal nature of the private schools appear to be ambiguous. Both public schools and private schools are faced with the situation of legal status is not clear. To a certain extent, this has affected the development of schools and required corresponding measures to be taken.