辽宁省民办高等教育治理结构研究

王慧

摘要：随着知识在市场经济发展中的重要性得到广泛认同,社会对教育日益增长的需求己经远远超过我国政府的投入能力。几年来,相关政策法规的出台,为社会力量进入教育领域排除了障碍。但在实践中,许多民办教育机构不能确认自身的公益性本质,仍然以保障出资人的根本利益、忽略各利益相关方的诉求、办学质量下降等问题,严重违背了民办教育活动的本质。因此,如何规范民办高校发展的外部制度环境,如何设计和完善民办高校的内部治理结构,如何对民办高校的办学活动进行监督,从而提高民办教育的办学水平和教学质量己经成为目前亟待解决的难题。

本文通过分析民办高校的发展历程,研究对民办高校的治理结构,找出民办高校发展遇到的瓶颈。就现有的民办高校发展外部治理环境来看,合理优化民办高校的现行治理结构才是解决民办高校诸多问题的内在保障机制。运用相关理论,建立民办高校治理结构的理论基础,对民办高校法人治理概念的内涵加以明确,界定民办高校各利益相关者参与治理的理论边界和义务职能。基于民办高校公益性的办学目标,完善民办高校内部治理中的激励、监督和决策机制,提炼这三大机制在民办高校治理结构中的核心价值。基于民办高校共同治理的思想,规范政府在民办高校治理中的职能和作用,协调社会各利益相关者,提供优质的外部制度环境。立足于辽宁省民办高等教育的发展现状,对民办高校在实践中的发展模式、治理模式和当今存在的问题进行详细的探究,突出董事会制度是实现民办高校决策民主化、科学化的坚实基础,更是保证学校各利益相关者权益的重要依据。建立健全以董事会为核心的民办高校决策制度,无疑是完善民办高校法人治理结构的核心内容和重中之重。通过对本省借鉴国外民办(私立)高校的先进治理经验和模式,优化现有董事会领导下的校长负责制:明确划分董事会职责范围、科学制定董事会议事规则、积极建立董事激励与约束机制。另外,建立健全民办高校内部和外部监督机构、理顺监督管理体制、及时准确披露民办高校办学信息、严格规制民办高校的财产与财务监管制度、完善民办高校危机预警和干预机制,是对民办高校董事会权力制衡机制,加强过程约束,防止道德危机的重要制度安排。只有在构建民办高校法人治理制度的同时,通过合理的权力配置和制度安排,对董事会及执行机关进行必要的制约和监督,以保持各类权力机构间的适度制衡,才能够有效实现民办高校法人治理的要求,更能推进民办高校健康发展和良性运行。

关键字：民办高校；治理机制；治理结构；共同治理

Private Higher Education Governance Structure Situation

Analysis and Policy Research of Liaoning Province

WANG Hui

Abstract: With the knowledge in a market economy developing importance widely identity,social education to growing demand in China has far more than the government's input capability. In recent years, relevant policies and regulations come on stage, for social forces into education field ruled out the obstacles. But in practice, many private education institutions cannot confirm their own public welfare nature, still so as to safeguard the fundamental interests of the investors,ignore each stakeholder appeals, the decrease of the quality of education, serious violations of the private education activities of the essence. Therefore, how to regulate the development of private colleges external system environment how to design and perfect private universities internal governance structure, how to run by the local people of university running supervision activities, so as to improve education run by the local people running level and teaching quality has become a problem urgently to be solved at present.

This paper through the analysis of the development of private colleges,research for private university governance structure, and find out the bottleneck of the development of private colleges meet. Will the existing private universities development external management environment to see, to optimize the private universities of the current governance structure is to solve many problems, private universities internal safeguard mechanism. Using the correlation theory, the establishment of private universities management structure of the theory basis, the private universities connotation of the concept of corporate governance to clear,the definition of private universities stakeholders participate in management theory boundary and obligations function. Private colleges based on the teaching goal of public welfare, improve the internal governance of private universities of excitation, supervision and decision mechanism, refining the three big mechanism in private universities in the governance structure of core value.Based on the private colleges and common management thoughts, to regulate the government in private colleges in the management function and role, to coordinate social stakeholders, to provide high quality external system environment. Based on Liaoning province private higher education development present situation, for private colleges and universities in the practice of the development mode,management mode and the existing problems were detailed inquiry, give prominence to the board of directors system is to realize private universities decision democratization and scientific process of solid foundation, but also guarantee the school each stakeholder interests the important basis. Establish and improve to the board of directors is the core of the private universities decision system, is undoubtedly perfect corporate governance structure of the private colleges core content and priority. Through the province foreign private (private)college of advanced management experience and mode, to optimize the existing the President responsibility system under the leadership of the board of directors,the board of directors to differentiate clearly responsibility scope, worked out the rules of procedure of the board of directors, and actively establish director incentive and constraint mechanism. In addition, establish and perfect the private universities internal and external supervision mechanism, straighten out the supervision and management system, timely and accurate disclosure private universities information, strict regulation non-state-run university property and financial regulation system, and improve the private universities crisis early warning and intervention mechanism, is to the board of directors of the private universities checks and balances mechanism, strengthen the process of constraint,prevent moral crisis of important system arrangement. Only in constructing the private universities corporate governance system at the same time, through the power of the reasonable disposition and the system arrangement, to the board of directors and the enforcement authorities necessary restriction and supervision, to keep all kinds of authority of checks and balances between moderately, can effectively realize private universities of corporate governance of the requirement,more can promote the healthy development of private universities and benign operation.

Key words: Private universities, Governance mechanism, Governance structure,co-governance

（东北财经大学硕士学位论文）