公办高校法人决策机关的理论逻辑和制度构造
| 作 者：屈茂辉 王 骏 |
| 单 位：湖南大学 |
| 基金项目：湖南省哲学社会科学基金重大委托项目“公办高
校治理结构问题与对策研究” |
| 摘 要： |
| 公办高校既为法人，其法人意思的形成和实现均有
赖于学校内部机关，其中学校党委作为执政党基层组织，统
一领导学校工作，对学校重大事项行使决策权，形成法人意
思，构成公办高校法人治理结构中的决策机构，具有坚实的
法理基础，是公办高校领导体制长期反复探索实践的改革经
验结晶，并已为法律最终确认。探索完善基于“党委领导下
的校长负责制”的公办高校法人治理结构，首要的是明确公
办高校党委的法人决策机构地位，学校其它机构如校务委员
会、董事会、教职工代表大会等均不成其为决策机构，同时应
厘清党委决策与校长负责制、党委书记职责及学术组织职权
的关系等关键问题。 |
| 关键词：公办高校；法人；决策机构；党委决策 |
The Theoretical Logic and Institutional Structure of
Corporate Decision-making Organizations in State-owned
Universities
| Author's Name: QU Mao-hui WANG Jun |
| Institution: |
| Abstract: |
| The state-owned universities are corporations, and the formation and realization of its
corporate meaning are depend on the internal organs of universities. As the primary-level organizations
of ruling Party, the Party committees in universities have a solid legal basis. It is the reform experience
of the state-owned universities' leadership system for long-term exploration and practice, and has
been confirmed by the law. The Party committees in universities are mainly responsible for leading
university works, exercising the right of decision on the major university issues, forming the corporate
meaning, constituting the decision-making organizations of the corporate governance structure in stateowned
universities. To perfect the corporate governance structure of state-owned universities based on
"the principal accountability under the leadership of the Party committee", we should clear the status of
the corporate decision-making authority of the Party committee of state-owned universities at first, and
other organizations such as School Council, Board of Directors, and Staff Representative Conference of
universities, are incapable of becoming the decision-making organizations. Meanwhile, it is important to
distinguish the decision-making of the Party committees from the principal accountability, the duty of
the Party secretary and the authority of academic organizations. |
| Keywords: state-owned university; corporation; decision-making organizations; decision-making of
the Party committees |
| 投稿时间：2016-10-11 |
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