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目前公立高校融资的主要方式是收费权质押贷款。虽然高校享有贷款权、经费筹措权,但是除学生公寓收费权质押贷款外,高校收费权质押贷款缺乏法律依据。鉴于高等教育发展的需要,对那些基本符合质押要件,又不违反法律原则与精神的收费权质押贷款,应该予以认可,如学生公寓收费权、食堂承包经营收费权质押贷款等;反之,则应禁止其继续使用,如学费收费权质押贷款等。因其公益性公立高校的责任能力具有不完全性,高校不具有用“教育教学财产权”实施质押贷款行为的资格。关于收费权转让的是资格还是债权,由于收费权可分为抽象和具体两个层次,前者是资格,后者是债权,收费权转让的是资格而非债权。
At present, the main method of public university financing is the pledge loan. Although colleges and universities have the right to lend and finance, there is no legal basis for the pledge of lending to colleges and universities in addition to the pledge loan for student apartment. In view of the needs of the development of higher education, those pledged loans that basically meet the pledged elements and do not violate the legal principles and spirit should be recognized, such as the right to charge student apartments and the pledge loans for the right to contractual management of canteens; Prohibit its continued use, such as tuition fees pledge loans. Due to the incompleteness of the public university’s responsibility ability, colleges and universities do not have the qualifications of using “Education and Teaching Property Right” to implement the pledge loan. On the transfer of the right to pay is the qualification or claim, because the right to charge can be divided into two levels abstract and specific, the former is qualified, the latter is the debt, the transfer of the right to pay rather than claims.