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我国破产法规定,企业因经营管理不善造成严重亏损,不能清偿到期债务的,依本法规定破产。目前,据有关数据统计,我国很多公办普通高等学校已经负债累累,到了不能清偿到期债务的地步,有人提出了“高校破产”一说,争议颇大。中国的公办普通高等学校举办者是国家,它是一个事业单位法人,高校不具有破产能力,同时不能破产、不宜破产也不必破产,本文就此问题进行论述。
According to the Bankruptcy Law of our country, if a company causes serious losses due to poor management, it can not pay off its debts as they become due and bankrupt according to the provisions of this Law. At present, according to relevant statistics, many public colleges and universities in our country have been heavily indebted. To the point that they can not pay off their debts due to debt, some people have put forward a suggestion of bankruptcy of universities. China’s public colleges and universities run by the state is the country, it is a legal entity, colleges and universities do not have the ability to bankruptcy, at the same time can not bankruptcy, not bankruptcy or bankruptcy, the paper discusses this issue.