On The Civil Law Status Of Educational Training Institutions

Educational and training institutions,that is,social organizations that are established in accordance with legal procedures,enjoy independent property rights,use non-state financial funds,and use non-degree education and training activities as their business scope.China's education and training institutions have a vague legal position and chaotic governance,based on the relationship between commercial subjects and civil law.Commercial law often serves as the "opener of legal development".The education and training institutions should be studied with the commercial subject system.Based on the judgment of the three elements of civil subjectivity,for-profit and business,the status of the commercial subject of the education and training institution is determined,and the focus of the education and training institutions is solved.The focus of education and training institutions:the legal application of education and training contracts,the imperfect access mechanism of educational and training institutions,and the chaotic management of educational and training institutions.On the issue of the application of the law on education and training contracts,it is necessary to fully understand the characteristics of the education and training contract,and to determine the mode of choice for the education and training contract by identifying the admission advertisement of the education and training institution as an offer and determining the education and training contract as the essential contract.Education and training contracts are well-known.In the issue of access to education and training institutions,we should focus on improving the access of Internet education and training institutions,and comprehensively establish a classified management system for educational and training institutions;in the governance of educational and training institutions,we must strictly control the quality of services provided by educational and training institutions.Establish and improve the supervision of funds for educational and training institutions,and fully consider the issue of the priority of compensation for "prepaid fees" when the education and training institutions are in bankruptcy and liquidation.