On Government's Administration To Privately-run Schools

Since the implement of Law of the People's Republic of China on Promotion of Privately-run Schools and The Regulations on the Implementation, privately-run Schools have got great development. Privately-run schools have become a component part of high education, instead of a supplement, and has become important growth point of the cause of socialist education. It plays an important role in accelerating education reform. But the development process of privately-run schools since 1949 suggests that government overall administration is essential to its development and even is decisive. In new era, it's important to recognize the government overall administration's function to privately-run schools. It is argued that the complex relationship between government and privately-run schools should not be studied from the perspective of administrative law, which is based on national-power-centered notion, or civil law, which is based on individual-right-centered notion,but from the perspective of economical law based on society-centered notion. Different with public schools, privately-run schools are influenced by market. Furthermore,after entering into WTO, educational trade has becoming an irresistible tendency, and privately-run schools are more and more market-oriented. So free market system comes into being in which privately-run schools supply educational service freely. However the market is blind, passive, profit-oriented and are slow in reacting, so market sometimes can not adjust privately-run schools successfully, which demands government administration.Though government's administration is justified theoretically, but it is undeniable that any reform is likely to be justified naturally and law is likely to be captured by government. So after finding its justification, we need to clarify the scope of government's administration and its basic principles, how to carry out government's administration etc..I argue that government's administration should follow “six principles”, have “three limitation, take “ three forms and bear “one responsibility”. Six principles mean that government's administration should be proper and just, and take cost and profit, proper procedure, balanced interest and risk into consideration; government administration should go beyond regulations, should not infringe the autonomy of privately-run schools and interest of private rights;government's administration can be direct, encouraging or interrogative; besides, there must be a political responsibility in government's administration.Historical experience and observation of the foreign countries prove that government's administration is necessary. Most countries are in charge of the establishment and revocation of privately-run schools, and give proper financial stimulation, and necessary evaluation. With respect to establishment and revocation of privately-run schools, I argue that the qualification of establishing privately-run schools should be clarified. For example, 2 percent of the fee should be kept as deposit; negative list should be made; Risk warning mechanism should be established.With respect to government's encouraging administration, public finance should give privately-run schools constant financial support. The financial support should be timely help and be based on the evaluation of the financial situation, schools' demand and their cost of running. It is argued that in the state and provincial budget, there should be special budget items for privately-run schools, and strengthen the audit of public fund to promote the efficiency of the fund;special supervisors or accountants should be appointed to monitor the use of the fund. With respect to tax and land preferences, it is suggested that although privately-run schools are profit-oriented, the state should provide preferential taxation policies, after all preferential taxation is applied to industry. Bushiness income taxes of privately-run school should be 15 percent; for the first five years, tax relief should be granted. Donation should be encourage and the procedure should be simplified. The ratio of public service land should increase step by step.Government's administration from perspective of economic law should be refined into power scope.Order emerges through negotiation. Non-power administration is important in the scope of economic law. Privately-run schools are private, which determines that government's administration has limits.