Research On Bankruptcy Procedures Of Private Universities In China

In the past thirty years,the private colleges and universities not only shared the task of the national higher education,but also provided a lot of practical talents for the national development and construction.Through continuous development,private colleges and universities have formed a certain scale and played an important role in promoting higher education in our country,which have become a very important component in the chain of higher education.In recent years,based on a variety of reasons,there have been a number of private colleges and universities suffered development difficulties,and led to collapse and bankruptcy.At present,the main body of education market is diversified,as a result,the competition between colleges and universities is more and more fierce.Therefore,the survival of the fittest phenomenon is within the normal range.However,there was no detailed bankruptcy law of private colleges and universities,due to this,the private colleges and universities had no related law to use and could not exit the market reasonably when they went bankruptcy,it also caused problems that education assets had been wasted,the students could not continue their study,and the rights and interests of the faculties would be also damaged,which would even cause the educational disputes,at the same time,economic disputes are inevitable,and caused a great deal of bad influence in society.In our country,in order to promote the development of private education,but also actively give corresponding security from the legal regulation,the government implemented the Law of the People's Republic of China on Promotion1 of Privately-run Schools in 2002 and the Regulations for the Implementation of Non-governmental Education Promotion Law in 2004,but there is no clear legal provisions in bankruptcy.However,due to its own particularity that the public welfare,the nature of which is different from the general enterprise legal person with the purpose of making profits,so the bankruptcy cannot be liquidated and dissolved like other enterprises,meanwhile,the service object is the college students who is different from the primary and secondary school students,compared with their restorability and sustainability,for college students,their academic status has its own attribute characteristics,that is,can not be restored that is not recoverable.Once the academic disruption is difficult to restore,the influence on the individuals,their families and the society will be profound.Therefore,the bankruptcy of private colleges and universities is a serious and urgent problem.This thesis tries to conduct a feasibility study on the bankruptcy procedure of applicable bankruptcy law,to save the valuable private colleges and universities through reorganization proceedings,to make the hopeless or valueless ones exit the market regularly by liquidation or reconciliation procedures.The writer hope that,through this study,we can lay the theoretical foundation for the private colleges and universities as soon as possible to improve the relevant legislation of bankruptcy system in our country,and provide valuable reference for the trial court,so as to improve the efficiency of the trial court,to resolve the disordered management and delayed trial of bankruptcy cases of private colleges and universities in our country,to make its bankruptcy more standardized and orderly,and to reduce the disputes and other negative social influence caused by the bankruptcy of private colleges and universities.