Research On Legal Issues Of Private Education In China In The Visual Field Of The Third Sector

The third sector is a kind of non-governmental and non-profit organization with certain characteristics such as public-spirited, civilian and autonomy exists outside the governmental and marketable sections. Providing the public products or services with the folk power, it can make up the deficiency of government and market providing system, so it belongs to the public welfare entity. The coming forth of third sector in the world incarnates the rapid development of modern citizenry society and social affairs participation of common people. Affording education service utilizing folk bankroll instead of public finance, private education meets the demand of particular community and has the essence of public goods. Whether according to the international industry classify system or the characters of modern education, private education should belong to the third sector, this has acquired the widespread approbation of the educational circles.As a kind of tool leading into the research of private education, the theories of third sector have much stronger stringency in interpreting many issues such as the source of funds,income distributing and coexistence of public welfare attribute and the capital profit. In the Visual Field of the third sector, private education is the result of social development and particularly the education reformation. It raises the wind from folks to hold education, breaks the mechanism that depends only on the financial funds and unitary public education. So it makes great contribution to the increscent requirements of education and the sustainable development of edbiz. For matching to the non-profit tradition as well as encouraging educative financing, private education should regard social value as the standard and regard an appropriate equilibrium of public-spirited attribute with the capital profit as the core. We should improve the education investment, clarify the property rights of private schools and establish the educational investment repay system that makes the shareholder aptly turn to the loaner. Then, not only avoiding the excessive capital benefit and marketable tendency to keep the relative independence and the public-spirited of education ,but also drawing lessons from the cost of loan to give the investors reasonable repays in order to achieve future investment and sustainable development of education. We can draw lessons from the modern business enterprise system, establish the school self-rule system that the board of directors, school administration committee and supervisor detach from each other and also mutually supervise. At the same time, educational administration and social agency should also be consummated to achieve the favorable educational course and the equilibrium of school management, administrative potence and social surveillance. Then, education ruling by law will be realized. The private educational legislation should accommodate to the epoch development, following the principle of scientific evolution and facing the praxis and predicament of our country. Then it can ensure the sustainable development of schools, actualize the improvement of citizen's culture diathesis and advance the course of law ruling .In this case, national education will develop roundly and healthily.