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《物权法》明确了公立高校作为事业单位法人的法人所有权,但是这种所有权是有限制的所有权。公立高校中国家出资或划拨的财产仍然保留了国家所有权,这一制度与实践不符合,也很难从代表国家行使所有权的角度加以认识。《高等教育法》所确立的财产管理权属于性质不明、内容也不清晰的权利。应当全面承认公立高校对全部财产的所有权,同时区分教育教学用途与非教育教学用途财产,对前者建立登记公示制度,并限制对这类财产的处分权或用以清偿债务。
The Property Law defines the legal ownership of public institutions as legal entities, but the ownership is limited. The property funded or allocated by the Chinese state in public universities still retains the state ownership. This system is not in conformity with the practice and it is hard to know from the perspective of representing the state in the exercise of the ownership. The right to property management established by the Law on Higher Education is of an unknown nature and unclear content. Public ownership of all property should be fully recognized. At the same time, education and teaching purposes and non-education and teaching properties should be distinguished from each other. Registration and registration system should be set up for the former and the right to dispose of such property should be limited or used to repay debts.