Private Colleges And Universities To Promote The Development Of Legal Protection Research

Since our country adopted reform and open policy, education strategy has carried on the adjustment, series of law and the policy came out to promote the education managed privately, the scale of the colleges run privately therefore also gradually expands in our county, alleviated the enormous contradiction of supply and demand in higher education, this has played the positive role for our country to enter the popular stage regarding our country's higher education. The privately run colleges already became an important part of the higher education enterprise .But what may not to be neglected is that laws and regulations related to the privately managed higher education in our country is imperfect at the present, and which has seriously affected the healthy continuous development of the colleges run privately. Therefore, the thorough discussion of how to safeguard the privately-run colleges legally has extremely important theoretic and the practical significance to our country higher education system and its healthy development.The promulgation of "Privately-managed Education Promotion Law" and "Implementation Rule", is an important milestone in the course of privately-managed education development, but " Privately-managed Education Promotion Law ", "Implementation Rule" and some laws and regulations related to the privately-run colleges are not perfect, which has directly affected the resources disposition efficiency of privately-run colleges, not only does not favor enhancement of the privately-run colleges'enthusiasm, but also does not favor to safeguard the public welfare of privately-run colleges. Its problem displays prominently: First, there is conflict of law, the regulations of the status and the right of privately-run colleges is lack of manipulation,"the same legal status"is difficult to safeguard in the reality; second, property right limits of the privately-run colleges is not clear, the property right is incomplete, the stipulation of"reasonable repayment"realizes with difficulty in the reality; Third, the rule is fuzzy, does not favor the consummation of privately-run colleges's structure. In order to fundamentally solve these problems, Should refer to the success experience of the American and Japanese privately-run, based on the reality of our country, from aspects of policy and management in analytical thinking, Improving the system: first, defining the status of the privately-run colleges, regarding the privately-run college as state-established college; second, the strictly discriminating donation and investment, defining the property right reasonably, safeguarding the privately-run colleges investor's legitimate rights and interests; third, perfecting managing structure of the privately-run colleges, guaranteeing the nature of the privately-run colleges for the public welfare.