浅析村中、小学校的独立法人地位

村中、小学校是我国农村实施九年制义务教育的重要力量。村中、小学校的数量已达70多万所。依照我国相关政策、法律规定,每一所村中、小学校都属于独立的事业法人单位。然而,笔者通过调查了解到,村中、小学校普遍不具备独立法人应当具备的法定条件,没有独立承担民事责任的能力。本文运用民法学的相关理论,联系实际,对存在的问题进行分析后,阐明了个人的观点,并就如何改善村中、小学校的独立法人地位提出了建议。

Independent Status of Village Primary School or Middle School as Corporation

Primary schools and secondary schools of villages are an essential force in carrying out the nine-year compulsory educatio. So far their number has reached over seven hundred thousand.In accordance with the relevant policies,law gives the right that each primary school or secondary school of village shall be a corporation of independent cause. However,acording to a survey made by the author,these primary schools and secondary schools generally do not possess conditions as corporation and are short of capacity to bear civil liability. This article analyzes the existing problems and clarifies the outhor's own views by integrating the relevant theory of civil law with practice.Besides, a suggestion of how to improve the status of village schools as corporation is also put forward.