China's Education Finance, Legal Research

The paper focuses on the research of important law implementation, enforcement and improvement involved in education debiting, education saving and education insurance to exert the available functions of financing solutions in promoting the development of education. All the study is based on combination of the theory and practice, comparative study, document and case analysis. In the explanation of the theory, the theory for basic legislation rules, legislation skills and financing law are referenced and also theories of legal sociology and legal economicology are included. The main practical way is investigation, which includes conversational and questionnaire investigation. Comparative study mainly discusses the comparison of single legal system to which the study of products derived from special political, economic legal fields and educational, economic fields are attached. Document study details the analysis and abstraction of the educational and financing news reported throughout the countries in recent years and some study research findings from financing field, legal field and educational economical field; while case study is about some analysis of problems existed in practice. The paper is composed of four sections:The first section introduces to educational-economical law, which mainly focuses on the concept of financing, educational financing, the rules of coastituting educational-financing law, the meaning of this study and methods of this study The concept of educational-financing and the rules for constituting educational-financing laws are the original creation of this paper. This paper elaborates that educational financing should be participated in by educational organizations themselves or a financing action for the purpose of education. The bask rules for constituting law should not only be adoptive for the specialty of education bat also be set according to the financing rules. The coordination of both is the course of benefits balance course of both sides.The second section deals with the legal affairs involved in education debiting, which mainly centers the large-volume loaning rights, loan types, loan venture avoiding and loan interest rate involved in education organization debiting and debit interest rate, venture avoiding and government allowance involved in personal educational debiting. The author demonstrates that the organization should use 'debit certificate' and allow the bank to exert part of 'debit counteract rights' in order to avoid venture, while the individual should establish system of loan insurance, bank answering for the loss and state answering for the loss. To the debit types and interest rate, the financing organizations should embody not only marketing features but also the country's strategic orientation of education development according to oar country's educational features and economic development level.The third section is about the legal study of educational banking. As there are too many limitations in the law-making and the deficient interest rates, we should use the legal experience from Canada for reference and exert the available legislation skills to implement the conformity of rationality and feasibilityThe fourth section discusses the legal study of education insurance. Due to the full development of education financing, the case study is mainly referred. This part is intended to emphasize on the outstanding obligatory insurance, insurance agent, the competition in education insurance, students collection insurance contract and legal terms in students collection insurance. The author elaborates that the student's collection obligatory rules should be enforced. The government should make the bid and business insurance organizations should bring it into effect. The professional administration organization should be established and standard insurance contract should be constituted for the insurance company's reference.