Research On The Bankruptcy System Of Private Schools In China

"The Private Education Promotion Law",which was amended for the second time on November 7,2016,stipulates the classified management system for private schools.It divides private schools into for-profit private schools and non-profit private schools,opening a new chapter in the development of private schools.At the same time,the market competition of private schools will also be intensified and the change of the market environment will make private schools face bankruptcy.At present,the application of private schools to bankruptcy procedures only stays at the mechanical application stage of bankruptcy liquidation procedures,and has not yet formed a perfect system of bankruptcy.As one of the important ways in the market exit system,the promotion of private schools' bankruptcy system is of great significance to promote the development of private schools." The General Principles of Civil Law" has established a new classification model of legal person,which provides a new legislative background for studying the bankruptcy system of private schools in China.Under the new legislative background,the broad bankruptcy capability of for-profit private schools and non-profit private schools have a legislative basis.Through the analysis of scholars' consensus and controversy about the bankruptcy capability of private schools,we can find the theoretical basis and construct a perfect bankruptcy system to meet the needs of private schools for bankruptcy rules.In the specific design of the relevant links in the bankruptcy system of private schools,first of all,in the aspect of bankruptcy application and review of private schools,we should clarify the specific subject of bankruptcy application of private schools and restrict the different applicants according to the special property rights and public welfare characteristics of private schools.When examining the subject qualification,the reason of bankruptcy and relevant information of private schools,the court should take into account the particularities of private schools and combine the provisions of the "Bankruptcy Law".At the same time,the court should communicate and coordinate with the examination and approval authorities to ensure the smooth progress of bankruptcy procedures.Secondly,in the aspect of bankruptcy property and distribution of private schools,it should be improved in the framework of the "Bankruptcy Law" and combine the provisions of the "Law on Promoting Private Education" to determine the scope and liquidation order of the bankruptcy property of private schools.Finally,in terms of student resettlement after the bankruptcy of private schools,reasonable placement of students in school is not only for the protection of students' right to education,but also an important part for private schools to exit the market smoothly.We should build a variety of ways to place students in schools and set up a student placement system in the bankruptcy system of private schools to ensure that their right to education is not interrupted.