On The Corporate Governance And The Construction Of The Board Of Directors Of Non-state-run Schools

The board system of non-state-run school is a basic system which is to govern and guide the overall non-state-run schools'run and development under the existing legal environment. It's an effective way to protect educational property rights and a result of co-governance between non-state-run schools'stakeholders. Under the guidance of the theory of educational property rights and stakeholders, this article has analyzed several typical patterns of the corporate governance of non-state-run schools in Ningbo: three-power-cooperation corporate governance model; dual corporate governance model; two-integrated corporate governance model;"Four-meeting system"corporate governance model etc. These models essentially involve the relationship between various stakeholders and how to allocate and coordinate. The successful experience in building a corporate governance model is: adhering public welfare is the prerequisite; the clarity of educational property rights is the key; rationalizing the relationship between the board of directors and headmaster is the guarantee. Of course, the article holds that following problems exist in the corporate governance model of non-state-run schools in Ningbo: investors'control; board of directors is weakening; the relationship between the board and schoolmaster is not smooth. To solve these issues needs to make the mechanisms of educational property rights clear, rationalize the relationship between the board and schoolmaster, and build the board of directors that the stakeholders govern in leading and co-operative model.This paper argues that the weakness of existing corporate governance model is rooted in the un-enough of construction of the board and not truly playing the role of the board of directors. In view of this, the paper has constructed the board of non-state-run schools: first, from perspective of the co-governance between stakeholders, the composition of directors should include the representatives of investors, principals and faculty members, it also should include the representatives of students, governments, out-school celebrities and other stakeholders, of course, we should also consider the configuration of all directors'property rights. Second,"Non-state-run School Law"should be published. To confirm the legal responsibility of directors in accordance with"consistent responsibilities, rights, benefits"principle; to build the board system of the co-governance between stakeholders, and then achieve the social responsibility of non-state-run schools'directors. Third, we must cultivate awareness of educational property rights and safeguard the interests of various stakeholders. The directors have to show honest governance, harmonious governance, and structure the good culture of the board governance. Fourth, we must refine the charter of the board of directors in contents. The design of the constitution should follow the principle of legality, education regulation and democratization in the process of formation.