Research on the Legal Person Governance Structure of Chinese Universities - Collection of PhD Dissertations from Chinese Social Sciences

Author: Peng Yuwen
Publisher:
Publish Date: 2006-04-01
Features: As universities in China are legal entities with independent legal status, how they can achieve sustainable development amid the continuous deepening of economic and social development and higher education reform has attracted increasing attention. This book argues that the construction of the legal entity structure is one of the starting points for the deepening reform and development of Chinese universities. Therefore, drawing on the theory of legal entity governance structure from civil and commercial law, it explores the issue of establishing a scientific and rational governance structure for universities. Starting from the legal relationship in higher education, the book discusses the basic concepts and connotations of the independent legal status of universities and the governance structure of legal entities, analyzes several background factors for establishing the governance structure of universities, and elaborates on the basic principles of adhering to the laws of education, guaranteeing academic freedom, ensuring the personality independence of legal entities in patent law, the equality of civil subject status, the non-administrative nature of education, the consistency of rights and obligations, and the combination of external and internal discipline. It focuses on discussing the specific institutional aspects of the governance structure of universities from five perspectives: the property rights system of university legal entities, decision-making mechanisms, internal management systems, checks and balances, constraints, incentives, and the co-governance mechanism of stakeholders.