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我国公立中小学的“法人”地位一直是教育理论和实践工作者困惑的问题,仅从“自己的独立财产或者经费”这一点来衡量,公立中小学实际上处于非常模糊的法律地位。我国应当淡化公立中小学作为民事主体的色彩,将其去法人化,在立法上明确公立中小学与政府间的关系。
The status of “legal person” in public primary and secondary schools in our country has always been a puzzle for educational theory and practitioners. Only from “own independent property or funds”, public primary and secondary schools are actually in a very vague law status. Our country should dilute the public primary and secondary schools as the main body of the civil color, to legalize it, in the legislative clear public primary and secondary schools and the relationship between the government.