Studies Of Private Schools Bankruptcy Proceedings

Bearing the national education function, private schools is an integral part of ourcountry’s education business, however, as the state education school-age adolescents fewer,public school enrollment expansion, generally appeared in private schools across the countrycannot continue running due to insolvency, caused students drop out of school, parent groupspetitioning bad social phenomenon, such as lack of private schools in our country market exitmechanism question caught the attention of the legal science and the education community.The establishment of market exit mechanism need to be solved in private schools run by thebankruptcy ability and bankruptcy two important problems in private schools, private schoolsin the bankruptcy ability which has been commonly acknowledged that the theoretical circle,the supreme people’s court also made a bankruptcy liquidation in private schools shouldconsult applicable judicial interpretation of the enterprise bankruptcy law, but in privateschools the bankruptcy proceedings, because compared with enterprise, private schools isspecial, derivative to apply to the enterprise bankruptcy law is not suitable. Therefore, thisarticle tries to research bankruptcy liquidation, reorganization and reconciliation of privateschools program launches, in order to improve the market exit mechanism of private schools.In terms of bankruptcy and liquidation proceedings, private schools to bankruptcy boundarieswhen the debtor has the obligation to file for bankruptcy, and without approval by the relevanteducation department, also needn’t to submit the resettlement plan. The creditor shall have theright to file for bankruptcy, but the bankruptcy creditors right by setting amount standardshould be restricted, to prevent rampant litigation phenomenon. The construction project issubject to statutory mortgage creditor’s rights, but due to its violation of education facilitiesmay not be mortgaged property law rules, so do not produce the priority of compensation withlegal effect. In bankruptcy reorganization in private schools, private schools for bankruptcyreorganization process protective student right to education, maintain education developmentplan, and protect the existing education resource. By restructuring or mergers，private schoolsand acquisitions can regain the ability to operate, it also ensure the feasibility of reforming inprivate schools. The specific applicable bankruptcy reorganization process, the private schoolsshall, in the court accepts the application, the introduction of the hearing system, in order tohelp the judge determine whether private schools have to save the hope and possibility. Inbankruptcy reconciliation in private schools, given that bankruptcy reconciliation system hasefficient processing of creditor’s rights debt relations, prevent bankruptcy role in privateschools, private schools should be allowed to apply, but in the concrete, it should extend thetime of the supervision of the bankruptcy administrator, so far to continue into the bankruptcysettlement has been completed.