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我国立法对高校定位的缺陷日益凸显,已成为制约高校发展和教师及学生合法权益救济的掣肘因素。从西方发达国家对高校定位的成功经验来看,以高校与政府之间关系的视角,对公立高校和民办高校采取区分定位无疑是最佳选择。公立高校定位于公法人,承担一定的行政任务,履行公共教育服务职能;民办高校定位于私法人,依法享有独立的自主权。
The defects of our country’s legislation on the positioning of colleges and universities have become increasingly prominent, which has become a constraining factor in the development of colleges and universities and the relief of the legitimate rights and interests of teachers and students. Judging from the successful experience of the western developed countries in positioning their colleges and universities, it is undoubtedly the best choice to distinguish between public and non-governmental institutions from the perspective of the relationship between the universities and the government. Public colleges and universities are located in public legal persons, undertake certain administrative tasks and perform public education service functions. Private universities are located in private legal persons and enjoy independent autonomy according to law.