On The Legal Form Of Private Schools

The input to education of our country is very insufficient, taking the proportion of GDP not only far behind the developed countries but also below a lot of developing countries. We can say, the generation and development of private education results from in fact the education consumption demand which the people increase gradually. However, private schools are confronting fascination of legal system, contrast of policy and all sorts of disputes that drive from the above phenomenon with high-speed development. So, this text carrys on some discussions to private school in terms of legal organizational form. This dissertation begins with the foreword , the text is divided into three parts, and the end is a brief conclusion. The foreword introduces the brief history of private school in our country, reveals the background of educational development and shows the reason of the writing. The first part "the review of current legal situation of organizational forms of private schools in China", reviews development course of the system of school of our country at first, then through analyzing " regulations of social forces runing a school " and "the promotion law of private school" indicates that the regulations of organizational forms of private schools are at all unable to meet realistic need in our country. Confused organizational forms, lacking of effective restriction mechanism and unclear property right etc.,these serious drawbacks , not merely put sponsors of private school in uncertain legal risk, but make private school face actually no laws which can be observed. The second part "the form of nonprofit organization of private school", introduces the meaning and definition of nonprofit organization, analyses the drawbacks of individual enterprise, partnership, unincorporated society and nonprofit corporation, then focuses on organizational form of incorporated foundation . There is necessity of adopting this kind of organizational form in our country, and may draw lessons from Japan and Taiwan legislation, and thus construct the system of private school in the form of incorporated foundation in China. The third part "the legal form of profit organization of private school and reviewing additionally nonprofit restrictions of private school in China", firstly begins with review of nonprofit restrictions of private school, demonstrates necessity and feasibility of private school introducing the form of profit organization in China, proves private school introducing the form of profit organization is suitable for our country's conditions. This is an urgent demand for social practice , and it has solid theory and system base which is enough to coordinate profit purpose and guaranteeing of quality of education. The part finally analyses and recommends the legal form of profit organization which is suitable for private school in China. The conclusion makes a summary, considers 'profit' or 'nonprofit' has nothing to do with engaging in undertaking range essentially. Profit organization and nonprofit organization are only two organizational forms individuals engaging in private undertaking may choose, so we should return the freedom to choose organizational form to sponsors of private school.