Adjustment Of Chinese Private Education Law

Private education is a type of education, which is compared with public education. It has a long history in China and has developed to many more models, such as private schools, colleges, universities, kingdergardens, vocational training institutions, etc. The legal framework on the private education included by the Constitution, Composory Education law, Education law, Vocational Education Law, Regulation on private education, has helped and guarded the private education develop, is lack of higher authority and systemic.This thesis is focused on the legislation on the private education in China. It analyses the different opinions about the legislation, concluded the current general situation of the private education, studied the foreign experience by ways of comparing analyses, investigation, drawed the conclusion that the law of private education should be initiated. The legislation of the private education should insist the principles as follows: the entry standard of the private school should be regulated by law, leaded by government regulation and assisted by self-regulatory organization, emphasized on public interest. The scope of the law should cover the non-profit private education. The structure of the legal entity of the private school should be a new type according to the General Principal Of The Civil Law which is named school legal entity which is different from the corporate entity and the social organization entity. The title of property of the private school should be possessed by itself until the end of the school legal entity. In order to improve the legal environment related to the private education, the paper suggests that the finical policies, credit policies, tax policies and state-owned property support the private education. In general, the law of private education should make it clear that the private education should be encouraged, supported, guided and governed so as to get it developed smoothly under the current situation in China and make effort to improve the quality of the labor forces.