Research On The Legal Issues Of Exit Mechanism Of Private Universities In China

Since the establishment of China's first private college in the 1980s,the market of private universities has gradually developed,and now it has a significant place in the field of the higher education in China.With the promulgation of the new and old "Private Education Promotion Law",the establishment and operation of private universities in China have become increasingly standardized,but their exit from the education market is still problematic During the process of exit,no supporting and feasible legal policies have been formed to protect the rights of all partiesThe problems with the exit mechanism of private universities in China mainly include First,the lack of specific and feasible legal regulations has led to the chaos in the process of exit.Second,the absence and dislocation of the government in the process of exit.The first is the lack of government guidance and assistance.The absence of government guidance and assistance will result in the lack of information and dislocation.It is difficult for social resources to find suitable opportunities to integrate into the education industry.It is also difficult for private universities that are currently exiting to integrate and use a suitable and effective society resources;next,it is caused by the government's treatment of the core issues of private universities and public universities in the establishment of schools,such as differences in land policies and fiscal and taxation policies.At the same time,the government often interferes too much with the operation of private universities and excessively uses public power to interfere with the fees and enrollment scale of private universities,rather than leaving these parts to the market.Third,the lack of evaluation and early warning mechanism The current evaluation mechanism tends to take financial risk as the core indicator.However,as one of the education industries,private universities have their own particularities.Factors including the teaching quality of schools and teachers should be included in the evaluation and early warning mechanism.In the case of risk early warning in private universities,clearly understand that there is something wrong with the internal management and supervision structure of the school?Or is the teaching staff weak compared to other private universities?Or is it because of the low professionalism of school management?This makes it easy to solve problems in a targeted manner.Fourth,there is a lack of mechanism to protect the interests of multiple parties in the process of exit.Because the interests of private universities are intricate and complex,including students' educational rights,economic rights,faculty's economic rights,creditors' rights,and investment scholars' rights,if there is no guarantee mechanism,it will bring a chain reaction of interest damage.For the education industry,education has the characteristics of long-term and continuity,and the sudden exit of a university will inevitably directly damage students' right to education.Only by establishing a reasonable evaluation and early warning mechanism and a guarantee mechanism,can students have the opportunity to bring the right to education on the verge of damage to the right track in a timely manner,and the interests of students can be effectively protectedIn view of the above problems,it is recommended to improve the legal policy from the following points:First,establish a front-end evaluation and early warning mechanism for the process of exit.The number of enrolled private colleges,the employment quality and employment rate of graduates,the strength of teachers,the characteristics of the school,the internal governance of the school,and the school's financial status are an effective reflection of the market competitiveness of private universities,and are also effective in predicting the development prospects of private universities.The indicators,based on the consideration of professionalism and fairness,should be conducted through socially neutral third-party institutions to evaluate the risk of private universities from these indicators and issue risk warnings.Risk warnings can be divided into three levels.Schools with low-level risk warnings will be ordered to make rectifications within a specified period,after the rectification period expires,they will be re-evaluated by the institution;intermediate-level risk early warning schools need to pass the government's guidance and corresponding convenience policies,so as to gain room for development;high-level risk warning requires the government to actively initiate the exit process while protecting the interests of all parties.Second,strengthen supervision and counseling of administrative agencies in the middle.The government must administer in accordance with the law during the exit of private universities,improve the supervision system,actively guide the rectification of universities,or restructure universities.If private universities have assets that are idle,they can share their resources with conditions and deadlines under government supervision,use the shared revenue to improve business conditions.Finally,legal protection of the interests of multiple parties is established at the end,and an interest protection mechanism is established.From the perspectives of investors,creditors,students,faculty,and other parties,put forward interest protection strategies for different subjects to minimize the risk that multiple interests will not be realized after the university exits.For example,by giving priority to students' economic interests limit on the basis of compensation;realize mutual credit recognition between private universities through the local private universities exchange platform,which is convenient for arranging suitable schools for students,so as to protect students' right to education;establish exit reserves in private universities to ensure even after the exit,even if the situation is insolvent,there is sufficient ability to ensure the economic interests of the students.These specific measures emphasize that while reducing the damage to the interests of students,they can also take into account the interests of multiple parties into the guarantee system.