Reflections And Suggestions On The Relationship Between The Government And Non-governmental Schools

In China, it is a obvious trend that there are more and more non-governmental schools, whose development is spiral and hard. Our country has no good law system to regulate non-governmental education. The government administers schools with more commands than laws. There is neither government's due guide to the direction of non-governmental school, nor are perfect approval, supervision, and evaluation institutions. In my opinion, the root of the problem is the right and obligation boundary of the two parties is not clear. Therefore, this article discloses the conflict between the autonomy right of schools and administering power of the government, by analyzing the right, power and duty relationship. The conclusion is that non-governmental schools should have self-determination right, and the government's proper administration over non-governmental schools are inevitable, and there is a need for educational inter-agency to come into being and develop to balance the government and non-governmental schools.Comparison, historical methods are used in the article to analyzefrom the aspect of law the legal relationship between the government and non-governmental schools. Actually, the thoughts of the thesis go along a certain path from disclosure of problem to research of reason to solution of problem. The article can be divided into three parts .The first part is Chapter 1st, a introduction of current situation and existing problem. It introduces the legal source and legal relationship of the two parties, and discloses the existing problem of the relationship, such as lack of enforceability and systematism and government' exceeding authority . The root of the problem comes out to be the conflict between the autonomy-right of non-governmental schools and the administering power of the government.The second part is the theoretical center on comparison with other countries ,and the characteristics of private schools: autonomy and communality and the limited power of the government, including the second chapter and the former parts of the third and forth chapters.The last part solves the problems by suggestions on schools and the government and inter-agencies. The last chapter tries to adopt the inter-agency institutions to balance the relationship between the government and non-governmental schools.