The Study On The Exit Dilemma Of Private Non-Enterprise Units

Private non-enterprise units refer to social organizations engaged in non-profit public services,which are important organizational innovations since the reform and opening up in China.In recent years,with the vigorous development of education,public health,science and technology,sports and other public undertakings,the number of private non?enterprise units has also been increasing rapidly.In China,the laws and regulations to adjust the private non-enterprise units mainly include Provisional Regulations on Registration Administration of private non-enterprise units,Provisional Regulations for registration of private non-enterprise units,and Private Education Promotion Law.The current laws and regulations of our country are not comprehensive and perfect for the private non-enterprise units,and there are no systematic and clear norms on the basic legal issues,such as the ownership of property,the capacity of rights,the capacity of responsibility,the rights and obligations of the organizers,and so on.As a result,private non-enterprise units are unable to decide on their own to withdraw from their operations and to stop the disputes arose out of the discontinuation of activities.After the promulgation and implementation of the General provisions of the Civil Law,civil subjects are clearly divided into three categories:natural persons,legal persons and unincorporated organizations,but private non-enterprise units have not yet been clearly included in the norms of legal persons or unincorporated organizations.In judicial practice,because of the special attribute of the private non-enterprise units in the nature of the subject,the rules of adjudication used by the court in the trial process are not unified and there are different judgments in the same case.With the rapid growth of the number of cases,the new situation and new problems in the cases related to private non-enterprise units continue to emerge;And problems such as difficult to identify facts,to apply laws,to deal with adjudication and so on are intractable and severe.The study on the exit dilemma of private non-enterprise units can provide a solution to the exit dilemma of private non-enterprise units caused by the lack of existing laws and regulations,provide a theoretical basis for administrative management and judicial adjudication,and have practical application value.By analyzing the predicament of private non-enterprise units in independent decision·making,administrative management and judicial adjudication when they decide to withdraw from operation,this paper attempts to probe into the way-out of private non-enterprise units and their organizers.