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研究民办学校举办者的办学动机,可以找到发挥其主体性和规范其行为的路径,为国家制订相关政策提供依据。以人性假设理论为工具,运用质化访谈法研究发现,民办学校举办者具有经济人、社会人、自我实现人和复杂人等多种办学利益诉求。然而,法律赋予举办者的财产与非财产类权利与其诉求之间还存在着一定的差距,由此引发了举办者的短期行为和过度控制行为。化解国家需要与举办者利益诉求之间的矛盾,应在新《民办教育促进法》分类管理的框架下,明确举办者的权利内容,建立权利救济制度,健全权力监督制度,完善义务责任制度,从而实现两者利益的最优化。
Studying the motivation of sponsors of private schools can find a way to exert their subjectivity and standardize their behavior, which can provide basis for the state to formulate relevant policies. Using the theory of human nature hypothesis as a tool, the qualitative interview research finds that the organizers of private schools have many kinds of interest demands of running schools, such as economic man, social man, self-actual man and complex man. However, there is still a certain gap between the property rights granted by law and the non-property right of the organizer and its appeal, which triggers the short-term behavior and overcontrol behavior of the organizer. To resolve the contradiction between the needs of the state and the interest demands of the organizers, the rights and interests of the organizers should be clarified under the framework of the categorization and management of the new “Private Education Promotion Law”, the right relief system should be established, the power supervision system should be perfected, the obligation responsibility system should be perfected, In order to achieve the best of both interests.