The Problem Identification and Regulatory Path of Corporation Governance Structure in Public Universities
The standardization of corporate governance structure in universities is a key path to building an educational powerhouse.Although the attention is paid to the attributes of public law and private law entities of universities,the positioning of public institution is difficult to accurately define the power(rights)and responsibilities that universities respectively enjoy,nor can it highlight the identity of academic entities of universities,resulting in the anomie of the corporation governance structure in universities.Having independent legal personality externally,and the clarity of internal organizational power and responsibility structure internally are inherent attributes that university should possess.The sources of power in universities include academic power,state power,and social power.The standardization of corporate governance structure in universities should start from regulating the three major sources of power in universities,with the goal of consolidating the inherent attributes of university corporation.Externally,relying on the"separation of government and school"and"separation of government and capital"promotes the government's management of universities from direct management to indirect management,ensuring the independence of universities as public law subjects,and defining teachers as special laborers with greater independence and professional academic skills,clarifying that the relationship between teachers and the government is an external legal relationship;preventing universities from engaging in for-profit activities unrelated to their educational objectives,their public welfare as private law entities is maintained.Internally,establishing a non-academic power organizational structure with clear responsibilities,the scientific division and effective coordination of political power,administrative power,and democratic power are achieved;by reversing the dependence and fragmentation of academic power,the position of the academic committee is consolidated as the highest academic authority and the foundation of academic subjects in universities.
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