《中外合作办学条例》法律责任的制度检视与优化路径

Systematic Review and Optimization Paths of Legal Liabilities in the Regulations on Sino-Foreign Cooperative Education

摘要: 本文聚焦《中外合作办学条例》的法律责任体系，指出其目前存在的核心问题：文本层面存在条款表述冗余、结构逻辑断裂及法律语言专业性不足；制度运行中凸显管理与服务职能失衡、审批监管协同性缺失、中央与地方权责错位；实施层面面临责任虚置等困境。基于此，提出四维优化路径：坚持立法合法性原则，完善责任内容精细化界定；构建衔接性责任体系，减少规范虚置现象；畅通多元权利救济渠道，强化法律监督实效；严格规范校长权力边界，健全法人责任梯度体系。本研究为条例修订提供制度参考，以期推进我国中外合作办学规范化发展与教育治理现代化的进程。

Abstract: This paper focuses on the legal liability system of the Regulations on Sino-Foreign Cooperative Education, pointing out its current core issues: At the textual level, there are problems such as redundant wording in provisions, disrupted structural logic, and insufficient professionalism in legal language; in system operation, prominent issues include the imbalance between management and service functions, lack of synergy in approval and supervision, and misalignment of powers and responsibilities between the central and local governments; at the implementation level, it faces dilemmas such as the hollowing-out of responsibilities. Based on this, a four-dimensional optimization path is proposed: adhere to the principle of legislative legality and improve the refined definition of liability content; establish a cohesive liability system to reduce the phenomenon of hollowed-out norms; smooth multiple channels for rights relief and strengthen the effectiveness of legal supervision; strictly regulate the scope of presidents’ powers and improve the gradient system of legal person liability. This study provides institutional references for the revision of the Regulations, aiming to promote the standardized development of China’s Sino-foreign cooperative education and the process of modernization of educational governance.