Research On The Legal Problems Of Private Schools In China

Since the reforming and opening,private school in China has shown strong vitality and flexibility from being able to only make up for the lack of finance until meet the diverse need,thus has become an important part of China's education and been gradually expanding.However,there are many difficulties in the development of private schools,especially the problems of legal orientation and corporate governance.As education is a matter of nation and people's livelihood,the legal issues of private schools are even a worldwide issue worthy of attention and research.Although countries like the United States and Japan leading the way in private education have rich experience we can learn from,in essence,we still need to actively explore and establish a path of socialist rule of law fits to our country with Chinese characteristics.Therefore,this article mainly focuses on the basic institutional problems of the legal orientation and classified governance of private schools to clarify the relationship,reform radically and discuss coping with situation for promoting the legalization of the system of private schools in China under the General Principles of Civil Law officially implemented on October 1,2017,the Law on the Promotion of Privately-run Schools revised on November 7,2016 and the amendment to the Management of the Registration of Social Service Organizations.This paper is divided into five parts and focuses on the legal orientation of private schools and the classified governance with the division of for-profit legal entity and non-profit legal entity.The first part is the introduction that mainly contains the research background and significance,brief research situation home and abroad,the innovation and deficiency of this paper.The second part is the basic understanding of private school and its development in foreign state.On the one hand,this part takes the basic judgment of the legal concept of private schools as the basis of this study,and at the same time sorts out the history origin,realistic development and its dilemma of private schools in China for the following research on the legal orientation and classified governance of private schools.On the other hand,this part sorts out research on foreign private schools,especially comparing the legal orientation and classified governance of private schools in Britain,America,Germany and Japan so as to provide references for the following studies on the legal orientation and classified governance of private schools in China.The third part is the legal orientation of private school in China.Starting from its necessity of legal orientation,this part clearly defines the legal person nature of private school by category based on the study of traditional corporate and financial entity as well as for-profit legal persons and non-profit legal persons and combined with the General Principles of Civil Law,the new revised Law on the Promotion of Privately-run Schools and the Law on the Promotion of Privately-run Schools(Exposure Drafts).The fourth part is the choice of the governance structure of private school in China.Based on foregoing legal orientation of private school and classified governance experiences drawn from foreign private schools,this part mainly discusses the legal person organization form and governance structure chosen by private schools in different legal orientations on the basis of existing laws and regulations.The fifth part is the conclusion that summarizes and improves the main points and conclusions of this paper.It is expected that China can further clarify the future development direction of private school and make efforts for it on the basis of improving the current legal orientation and classified governance of private schools.