The Research On The Legal Issues Of Private Training Institution In China

Education training industry market prospect in China, and its together with the media, the Internet is known as the three major sunrise industry in the 21 st century, entrepreneurs and investors. In 2006, successfully listed domestic well-known new Oriental education training institutions in the United States, it also inspired many young people in the enthusiasm of the education and training industry. The new leaders since he took office, the state council premier Li Keqiang has repeatedly put forward in different occasions, to actively encourage "public entrepreneurship, peoples innovation", reduce the startup entrepreneurs. Education and training industry because it has a broad market prospects, investment is relatively low, the profit is opposite bigger, and is a typical "prepaid" consumption patterns, management risk is small, very suitable for the vast number of entrepreneurs to investment management. But at the same time, China’s existing laws and national policies have a restrictions on private education and training, private training institutions, lack of laws and regulations safeguard and supervision practice existing in the legal person property positioning fuzzy, set up a high threshold, lack of supervision, limited domestically listed financing, market exit mechanism is imperfect and so on many problems, restricted the healthy development of the training industry, dampened the enthusiasm of the entrepreneurs in education and training industry, but also harm the legitimate rights and interests of consumers.In this paper, by using case analysis method, history method, comparative research and other research methods, the development of profit-making private training institutions of our country exists in the legal attribute of the positioning is not clear, set up a high threshold, limited financing in domestic market, relevant government departments supervision does not reach the designated position, market exit mechanism is imperfect and the systematic study on the legal issues, such as. Besides preface and conclusion, this paper mainly divided into four most. Overview "in the first part of" profit-making private training institutions, in this paper, the profit-making private training institutions and private education, private schools, points out the differences of the three; Expounds the joining chain operation mode under the background of the Internet and operating characteristics of training institutions, points out that the training institutions to mtcsol instructor and teaching places much less dependent on; Successively since the founding of the selected promulgated the regulations on the social forces of running a school of "private education promotion law" and other relevant laws, regulations and policy documents, analyses our country legal system vicissitude of private education and private training institutions, and points out that the state for the encouragement and support of private education training held by the attitude. In the second part "the legal problems existing in the development of profit-making private training institutions", the author mainly discusses the profit-making private training institutions in China are the five aspects of legal issues, including the legal person property orientation fuzzy, high threshold of market access, financing difficulties in domestic market, regulatory responsibilities chaos, exit mechanism still is not perfected, etc., thorough analysis cause these problems of society, policies, etc. In the third part of the "overseas training industry regulation status and enlightenment", the author mainly selected the United States, Germany two developed countries as the research object, analyzing the regulation of the training industry of the two countries, and summarizes the experience for reference. In the fourth part "the regulation of the legal countermeasures to perfect" business run by the local training institutions, the author systematically put forward the perfect measures of the following five aspects: the need to have a clear positioning business run by the local training institution legal person property, from the laws and regulations, the policy level to allow private profit-making business training institutions; Second, we must establish and improve the market access mechanism, private training institutions classification, hierarchical examination and approval, reduce the threshold of market access; Third, we need to clear the legal obstacles of private training institutions listed financing, encourage education training in vocational skills training institutions listed; Fourth, we need to perfect the supervision and management of private training institutions, risk margin system, introduced reasonable, clear franchising mode distribution of civil liability, the industry association to strengthen self-discipline management, define supervision responsibility of the relevant government departments, give full play to the consumer watchdog role; Five to strictly regulate the exit of private training institutions, establish and improve the training is suitable for the market exit mechanism of the industry, improve the system of training institutions bankruptcy liquidation, intensify the regulatory responsibility of the subject of, etc. The second part, in the whole essay on "the legal problems existing in the development of profit-making private training institutions" and the fourth part "the regulation of the legal countermeasures to perfect" business run by the local training institutions is the core content of this article.