The Research On The Legitimacy Of Mixed Ownership In Universities Under The Industry-university Integration

The reform of mixed ownership in Colleges and Universities under the background of the integration of industry and education is a major innovation in the modernization of higher education.The mixed ownership in Colleges and universities makes the industrial subject become the main body of running a school,optimizes the integration mechanism,forms a community of interests,and deepens the integration of industry and education.At the same time,in order to realize the complementary advantages of public assets and non-public assets,the integration and unification of national education rights and social education rights,it is necessary to solve the problem The contradiction between supply and demand of talents has played an important role in improving the governance ability of colleges and universities.The mixed ownership under the integration of industry and education must meet three conditions:one is "mixed",the other is "cross-border",and the third is "educational".The issue of legitimacy determines the social and legal status of Universities under mixed ownership,and at the same time,it provides guidance and constraints for the behavior of the right subject.First of all,the theory of school legal person provides a solution to the dispute over the social status of Universities under mixed ownership.The status of school legal person affects the setting of rights and obligations and the relationship between the government,universities and enterprises.Secondly,the theory of cooperative governance in the field of administrative law emphasizes the public-private cooperation in public governance,and the transformation of public administration from "administration" to "governance" provides a reference for the development of legislation.The legitimacy standard of running a school under the mixed ownership system in Colleges and universities includes taking laws and regulations as the basis,taking legal principles as the criterion,and focusing on realizing the recognition of the subject of rights and the standardized operation of running a school.Legitimacy includes not only legitimacy judgment,but also legitimacy construction.On the one hand,legitimacy judgment is based on the existing statute law to judge whether a thing or a behavior is in line with the laws and regulations.According to the existing education laws and regulations,although the open principle of pluralistic school running and free competition of the existing education legislation provides a certain legal basis for it,the mixed ownership school running of colleges and universities lacks a clear legal status and sufficient legal targets However,there are many restrictions in the legislation,lack of welfare protection,lack of compliance,and frequent contract disputes in the legal practice,all of which make its legitimacy questioned.The successful experience of the public-private partnership in running schools in the United States provides the basis for the successful experience of the public-private partnership in running schools.On the other hand,due to the lag,rigidity and absence of education legislation,the legitimacy of mixed ownership school running should be a process of continuous construction.In the face of the legal absence of the form of mixed ownership universities,we should recognize the mixed ownership universities through legislation afterwards.In the face of the violation of the legal principle of equal protection,we should strengthen the practice of legal practice on the principle of equal protection.In view of the limitation of legislation on the profit demands and participation in governance of the industrial subjects,we need to improve the protection of the legitimate rights and interests of the relevant rights subjects and the rights and interests of the right subjects It is necessary to improve the allocation of rights and obligations and strengthen the normative requirements of the contract.At the same time,it is necessary to improve the governance structure and cooperation agreement There is a vacancy in the management of running a school,so it is necessary to strengthen the legal arrangement to realize the legitimacy construction of running a school in universities with mixed ownership.