Research On The Bankruptcy Legal Issues Of Profitable Private Schools

With the deepening of reform and opening up and the increasing demand for talents from the society,China’s private education has developed vigorously.However,in recent years,due to various reasons such as the reduction of student resources,capital fracture,poor management,and incomplete system,some private schools may also fall into the dilemma of being unable to continue to maintain due to insolvency.The newly revised Law on the Promotion of Private Education in2016 put forward the requirements for classified management of private schools.The for-profit private schools have achieved similar bankruptcy capacity as corporate legal persons at the legal level.However,after all,the for-profit private schools are not completely equivalent to ordinary corporate legal persons.Therefore,how to properly handle the legal issues involved in the bankruptcy of for-profit private schools,It is extremely important to ensure the standardization and sustainability of the development of private education.In view of this,this paper,based on the legal analysis of the bankruptcy system of for-profit private schools,puts forward suggestions to improve the problems of for-profit private schools in terms of the conditions of bankruptcy application,the subject of bankruptcy application,the liquidation order of bankruptcy liquidation,the placement of students after bankruptcy liquidation and the bankruptcy prevention system.In addition to the introduction and conclusion,this paper mainly includes four parts:The first part is the legal basis of the bankruptcy system of for-profit private schools.This part expounds the concept and nature of private schools,and demonstrates the necessity and feasibility of applying bankruptcy system to for-profit private schools.The second part is the analysis of the basic legal issues of the bankruptcy of the for-profit private schools.This part expounds the three basic legal issues of the bankruptcy of the for-profit private schools,and points out that the for-profit private schools have the capacity of bankruptcy,and there are problems of the application conditions and the main body,and the liquidation order when the law is not perfect.The third part is the analysis of the special legal problems of the bankruptcy of the for-profit private schools.This part expounds two special legal issues of the bankruptcy of for-profit private schools.Through thinking about the relevant systems of private schools and bankruptcy in Taiwan of China,Japan and the United States,it is believed that the relevant supporting mechanism for the placement of students in for-profit private schools should be further improved to prevent for-profit private schools from directly entering the bankruptcy liquidation process.The fourth part is about the countermeasures and suggestions to improve the bankruptcy system of for-profit private schools.This part puts forward suggestions to improve the bankruptcy system of for-profit private schools from both macro and micro aspects.On the macro level,we should improve the bankruptcy system of for-profit private schools,attach importance to the establishment of the treatment system of for-profit private schools,and absorb the experience of bankruptcy judicial practice;On the micro level,it is necessary to define the conditions for the application for bankruptcy of the for-profit private schools,clarify the main body of the application for bankruptcy of the for-profit private schools,determine the liquidation order of the bankruptcy liquidation of the for-profit private schools,do a good job in the placement of students after the bankruptcy liquidation of the for-profit private schools,and refine the bankruptcy prevention system of the for-profit private schools.