我国公立高等学校法人治理结构的基本模型探析

为更好地发挥公立高等学校的作用，需要进一步配置法人权利结构，引进法人治理概念，完善公立高等学校法人中各权利主体在公立高等学校法人中的权利配置和权利运行机制。我国公立高等学校法人治理结构基本模型包括：确立高校法人的公共利益目标；配置好法人内部治理结构的权利机制，即举办权利和经营权利之间的权利机制；完善法人外部治理结构的权利机制，即政府管理权、公众监督权、投资权利和利益相关权利；强化对高校法人内部权利主体的权利制衡。

A Research on Basic Model of Corporate Governance of China''''s Public Institutions of Higher Education

Entitling public institutions of higher education to perform as corporation can bring about a sound development of China's public higher education. Thus, it is necessary for public institutions of higher education to induce the concept of corporate governance and allocate the corporation rights, and establish a mechanism in which each principle body's rights are allocated properly and function well. The analysis of corporate governance of China's public institutions of higher education is set forth by clarifying the corporation's goal. The public interests should be taken as the goal of the corporate governance, and be carried out in a non-profit mode. The right's mechanism of corporate governance consists of two parts. One is the interior right's mechanism, which involves the relationship between the entrepreneur and the manager; the other is the exterior right's mechanism, and there are four kinds of exterior rights affecting the inner right's principle bodies, including the rights of governmental administration, of public superintendence, of investors, and of stakeholders. The rights entitled to the principle bodies should be restricted and balanced.