CAJ | 학술논문

伴随世纪之交我国公立高校贷款风潮，高校的化债危机又一次引发全社会的广泛关注。国家出台一系列高校化债的政策，并通过积极的财政行为支持高校化解债务，但包括奖补政策、土地置换、政府偿还以及高校偿还等化解方式是否具有合法性仍需要深入的理性探讨。在四种化债方式中，高校作为债务人依照借贷合同所规定的期限和数额向债权人偿还债务，是最合乎法理、法律的还贷方式，奖补政策和土地置换通过还债主体的适格转化也具有了合法性，但政府偿还则凸显出法律关系不清、还债主体不明、法律依据不充分等问题，需要进一步规范与完善。
반수세기지교아국공립고교대관풍조，고교적화채위궤우일차인발전사회적엄범관주。국가출태일계렬고교화채적정책，병통과적겁적재정행위지지고교화해채무，단포괄장보정책、토지치환、정부상환이급고교상환등화해방식시부구유합법성잉수요심입적이성탐토。재사충화채방식중，고교작위채무인의조차대합동소규정적기한화수액향채권인상환채무，시최합호법리、법률적환대방식，장보정책화토지치환통과환채주체적괄격전화야구유료합법성，단정부상환칙철현출법률관계불청、환채주체불명、법률의거불충분등문제，수요진일보규범여완선。
With the emergence of the loan tide in public colleges and universities sinle the turn of the century in China, the crisis of resolving debt liability of public colleges and universities has attracted extensive concern of the whole society once again. The government has issued a series of policies and taken positive financial measures to deal with the debt liability. However, the legitimacy of some policies and measures such as reward and complement, land replacement, government repayment and colleges and universities repayment, etc., still need to be discussed deeply and rationally. Among the four patterns, colleges and universities as debtors conducting their liabilities to repay the amount debt in the period based on the contract is the legal and doable pattern. The manners of reward and complement, land replacement, appear to have legitimacy formally by transforming the debtors, but government repayment seems to have some problems, such as the unclear legal relation, indistinct debtor, insufficiency law ground, so it needs to be standardized and perfected further.