Abstract:
State-run higher learning institutions are institutional persons founded by law, so they enjoy the right of property under the provision of law, including such functions as possession, utilization, returns and disposal to their relevant property. However, the state possesses the final disposal to assets reserved by higher learning institutions for a purpose of public welfare. As a result, higher learning institutions have only a limited right for property returns, especially the right of disposal, which affects their capacity of civil loaning. A limited recognition of the specialty of the institutional person’s right of property is one of the deep reasons which give rise to the crisis of the higher learning institutions’ debts, and is also the prerequisite to reconstruct the loaning system of higher learning institutions. A proper recognition of the specialty of higher learning institutions’ assets calls for a loaning system of higher learning institutions with policy loan as dominant and business loan as subordinate.
