Private Schools In China Problems Of Bankrupt Law

Of private schools in China the establishment of exit mechanism is gradually taken seriously, the private school’s bankruptcy the current law of our country to be more simple, especially in the legal attributes of entities, bankruptcy ability, system and procedure rules, fuzzy, lacking of operability. Therefore, in the judicial practice in private schools appeared trying bankruptcy can condition. Now, more and more people pay attention to this issue, the academic circles have also been studied for instructions, but the judicial practice of guiding significance is not obvious. The article from elaborate private school development starting with the status quo, led to bankruptcy trend of private schools. From the private school law attribute about private schools, lead with bankruptcy ability. Then emphatically from the procedure and entity system aspects, current bankruptcy law and private education promotion law and other relevant laws and regulations on private schools, bankruptcy law applicable to ask questions and analysis of its deficiencies, question.In this paper, through a comparative analysis of the current private school bankruptcy, some related problems of carding, and some controversial issues were discussed and put forward the author’s own point of view. Ruin problems in the hope of private schools to get enough attention, let the private education has normal exit mechanism, for the healthy development of private education in policy and legal laws and regulations to protect.This paper is divided into four parts. The first part introduces the research background, private education while the standard develops gradually by the market economy regulation and control, the survival of the fittest is shown stage by stage. Purpose and significance of study, to further clarify the legal attribute of private schools, private schools, clear bankruptcy ability improve the private school bankruptcy application and acceptance of the relevant provisions, properly handle the student reading problems and has graduate student diploma recognized and private schools in bankruptcy related a series of problems. On the correct implementation of legislation, protection of educated, organizers, educators of the legitimate rights and interests and public interests, safeguard social stability to have important sense. In the introduction to the current of the private school from literature review were reviewed, and the related concept of the show.The second part elaborated our country private school development present situation and tendency of bankruptcy. Analysis of the private school’s survival present situation and development. The private education in China in the booming also has appeared in some stages of the private education overall atrophy and a stage in the private education gradually shrinking situation. From1978to2009, China’s private education has experienced four stages,2010enactment of national medium and long-term educational reform and development10years planning, standard today has entered the fifth phase of development. Our country the development of private schools has experienced from small to large, from weak to strong development process to reduce. Secondly, from the private school law attribute proceed with, analysis of the private school’s bankruptcy capacity and three main factors of the private school bankruptcy, bankruptcy trend were described.The third part elaborated our country private school bankruptcy procedure system. From the reason of bankruptcy, bankruptcy, bankruptcy, liquidation order, to the student placement to undertake all-around analysis, private school the bankruptcy procedure system more complete explanation.The fourth part elaborated our country private school bankruptcy legal system. Focusing on the bankruptcy cognizance, the range of bankrupt estate, bankruptcy exemption system is analyzed. Secondly, the setoff right in bankruptcy law, bankruptcy revocation rights, bankruptcy cost Bankruptcy Recall Right, system undertook brief analysis.The innovation of this paper lies in:from outside to inside, from phenomenon to essence logical thinking of writing, from the essence, procedure system, entity system, formed a relatively complete system. The existing legal controversial place put forward their ideas, to existing legal deposit place to put forward their views known.The deficiency is the foreign language level:because of the weak, unable to collect foreign language literature. Only for the domestic related literature and the legal laws and regulations to undertake analytic elaborating, not abroad on private school broke through the analysis of the present situation of our country’s private school, part of the problem may have been bankrupt solution can draw lessons from abroad. To this, the author also need to strengthen study.