Analyzing The Absence Of "Higher Education Law" Legislation From The Bottleneck Of The Development Of Civilian-run College

The Republic of China, from the early years after the founding till the 80s of the last century had once canceled the private higher education. Comparing with Western countries, China's private higher education always lags behind the development stage. After the reform and opening-up, private higher education began gradually developed. In order to adapt to the requirements of specialized personnel which social and economic development needs and to satisfy the need of people's desire for receiving higher education, the government's strong attitude towards social organization running higher education has soften. In recent years, the government has put forward a series of education policy which has been gradually transitioned to the laws and regulations. December 28, 2002, was formulated and which is not only the first special law on private education after the founding, but also a milestone in China's private education law.Private higher education in our country as a unique new thing and an important complementary component of public higher education in recent years has made vigorous, encouraging results under the care of the party and government. However, we should clearly see that there are still some problems in current policies of private higher education and the government needs to seriously consider and find out solutions. Although the "Private Education Promotion Law" has already stipulated systematic regulation on private higher education, there are contradictions in the process of legislation. This paper focus upon an analysis of the problems of the legal status of private colleges, property rights and equal treatment which are lacking in the legislation .Hope it will be enlightenment and help to perfect the law.