The Dual Character of Legal Person System in Public HEIs: Source, Problems and Governance

In China, the legal status of a public higher education institution is based on the Education Law of the People's Republic of China, the Higher Education Law of the People's Republic of China and other administrative statutes. It is also based on civil law, especially the General Principles of the Civil Law. It's difficult to find the corresponding position with legal person according to the civil law of traditional classification system. To establish and enhance the modern university system with Chinese characteristics,it is imperative to establish and adhere to the corporatization of modern university system. Corporatization not only entitles public higher education institutions with public rights,but also with relatively independent private rights.The legal status of a public higher education institution is featured by both civil legal and institutional legal person. In the spirit of benign law and good governance, the establishment of the legal system in public higher education institutions should be centered upon academic power and educational right.