Studies On Legal Attribute Of Private Schools

The Promulgation of Education Law of People's Republic of China and Private Education Promotion Law of People's Republic of China,make the legal system introduced to the governance of private schools,and provide institutional guarantee for the development of the private education in China.Given the legal status of private schools can not only realize the protection of the autonomy,but also promote the social capital to the cause of education through the increasing teaching level of private education and enhance the realization of national culture soft power.However,there is still a lack of systematic theory as the support for the legal attribute of private schools in practice.Even if the private school has the condition of corporates which are required by the relevant laws and regulations,it is difficult to find a suitable one in the existing legal provisions of the General Principles of Civil Law,which also leads to the confusion of corporate governance structure and property rights of the private school and the unknown power endanger the independent status of private schools.The definite delimitation of legal nature is the premise of establishing and perfecting the corporate governance system,and the theoretical basis for the realization of private school from natural person governance to corporate governance.To this end,this paper attempts to study the legal nature of private schools,in order to put forward suggestions for the legal system of private schools in China.Based on the current legislative practice of China and the study of theories about legal person system,this paper points out the lack of the delimitation of legal nature of Chinese private school through the legislative and practical aspects and analyzes the reasons.At the same time,learning the legislative experience from other countries and putting forward the idea about the delimitation of legal nature of Chinese private school which is in accordance with the current legislation of China and status of Chinese private school so that the Chinese private school can develop healthy and orderly as a legal person.