论文部分内容阅读
笔者研究了我国高校银行贷款的决策权利配置和还贷责任分配的法律问题。由于公立高校预算约束是软的,如果赋予公立高校银行贷款的独立决策权,必然导致学校贷款过多、支出随意等现象。高校银行贷款的决策权必须受到严格的限制,必要时政府应该取消高校法人的这种独立决策权。公立高校法人没有充分的独立的财产支配权,公立高校不能破产,政府必然补充承担高校法人银行贷款的连带责任。应该完善法律,进一步明确高校法人享有的民事权利、承担的民事义务和责任。
The author studies the legal issues of the allocation of decision-making rights and the distribution of repaying loan repayments in China’s university bank loans. Due to the soft budgetary constraints of public universities, if we give independent decision-making power to public university bank loans, it will inevitably lead to excessive loans and expenditures in schools. The decision-making power of university bank loans must be strictly restricted, and the government should cancel such independent decision-making power of university legal persons when necessary. Public university corporations do not have sufficient independent property control, public universities can not go bankrupt, and the government will inevitably supplement the joint and several liability of undertaking university bank loans. Laws should be perfected to further clarify the civil rights enjoyed by university legal persons and the civil obligations and responsibilities they have assumed.