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根据现行有关民办高校的法律规定,可以对民办高校进行较为细致的分析并发现很多法律问题,可以对民办高校进行分类并分析其法律性质,却难以判断民办高校是否属于法人以及属于何种法人。建议引入“民办事业单位”的概念,将非盈利性民办高校作为事业法人、将营利性民办高校作为企业法人。《民办教育促进法》存在的不合法之处,却是合理的和符合实际的,因此需要修改相关立法。
According to the current laws and regulations of private colleges and universities, private colleges and universities can be more detailed analysis and found many legal issues, can be classified into private colleges and analyzed their legal nature, but it is difficult to judge whether private colleges belong to legal persons and which kind of legal persons. It is suggested to introduce the concept of “privately-run public service units”, use non-profit private colleges and universities as legal entities, and for-profit private colleges and universities as corporate legal persons. The existing law of non-state-owned education promotes the existence of illegalities, but it is reasonable and realistic, so the relevant legislation needs to be amended.