论建立公私统一的高等学校法人制度

Analysis of Establishing a Unified Corporation System for Public and Private Universities

Different corporation systems exist for our public and private universities and they are facing different reform orientations. As the dual systems couldn't deal with the theoretical and practical dilemma， establishing a unified corporation system has become a must. The transformation of public administration paradigm has provided a theoretical support for this proposition. The popularity of multi-centered governance has pushed the monopolistic state administration towards a corporative public administration between state and society， and the scope of public law has been extended to the third sector organizations in public affairs. In addition to the state and its institutions， the civil organizations engaged in public affairs should also be included in the public corporation system. Therefore， both public and private universities should be positioned as public corporation， and to adapt to its organizational features， a specialized university corporation should be created under the framework of public corporation system. On the basis of the public corporation system， the reform is expected to clearly define the legal status of universities by law and ameliorate the relevant institutional arrangements accordingly.