On Alienation And Return Of Private Colleges' Legal Status

Reform on education system is a critical part of educational innovations around the word .Along with the comprehensive thorough reform and open policy, the higher education also welcomes an important transformation."Private education" is a title with Chinese characteristics. Private education has melt into the tide of modern education again for more than20 years. The private education alleviates the contradiction between supply and demand for education. However, it exists many puzzled of the private education in the survival and developing process, one of which is its status of legal person. It is not only an important condition for its health development but also reflects of China's law advancement.Establish system of legal person is the important prerequisite for guaranteeing the development of private higher education. In brief, formulate a standard for private colleges' calibration and investment, simultaneously seek a balance point between the public welfare and droving the investor's enthusiasm to invest, permits certain repayment to the investor. In this foundation, learning from the company legal person system, establish the private colleges legal person system, define its legal person property rights, improve its governing structure, only in this way, can private colleges truly become the independent legal person with independent property, independent meaning express and undertaking the responsibility independently.This paper is composed by four parts:The first part introduces present situation of private colleges. It systematically examines the laws and regulations about the private education development carried by the educational administration department after the reform and opening-up. This chapter carries on the analysis of function and the status of private colleges, is for the prominent to vital significance of its legal person independent status, completing the upholstery for the following part.In the second part, the author systematically analyses the characteristic and nature of private colleges. Comment about the two important concepts: legal person and the third sector, and draw a conclusion: The private colleges, as the modern society's third sector, must get the independent legal person status. It is an innovation that classifies the private colleges into the third sector.The third part carries on the inspection on the legal status of the private colleges and discusses its legal person's property condition, the property right, the legal relationship as well as the responsibility undertaking. Then the author drew the conclusion that private colleges' alienation has seriously hindered its development. It is the most valuable part of the paper because of a thorough analysis to private colleges' property right and the legal relationship.The last part elaborates three essential factors of private colleges: independent property, independent meaning express and independent responsibility. Make an analysis on its property condition and improve system of legal person's property rights. Private colleges have their own independent meaning. Independent responsibility is one of its important symbols of private colleges' independent legal person status. Private colleges should undertake the legal responsibility independently. In this part, it's an innovation that transplant relevant system of corporate to private colleges' legal person.