Research On The Bankruptcy Withdrawal System Of Private Schools

In recent years,private schools,which are an important part of China’s education industry,have developed rapidly and their number of start-ups has continued to grow.With the revision of the “Private Education Promotion Law,” the policy of implementing classified management for private schools has been confirmed by legislation.Especially for profit-oriented private schools,their funds are involved in a relatively high level of the market,and the fees are subject to market regulation.Under the market economy where the survival of the fittest and the fittest are eliminated,some profit-oriented private schools with weak education quality will face the possibility of withdrawing from the market.An efficient and orderly exit mechanism can strongly promote the diversified development of China’s education.The "Enterprise Bankruptcy Law" serves as the basic legal norm for market entities to withdraw from the market under the market economic system,and provides a referable guide for the exit of for-profit private schools.At present,the“November Education Promotion Law” has not yet established a complete system for the exit mechanism of private schools.Therefore,the application of bankruptcy exit procedures for profit-making private schools has gradually become an unavoidable and important part of the development of private schools.One of the problems.This article,through the description of the concept,role and development of private schools,combined with relevant data analysis,leads to the bankruptcy trend of private schools.Taking the bankruptcy ability of profit-oriented private schools as a theoretical starting point,it compares the differences between the "Bankruptcy Law" and the "Promotion of Private Education Promotion Law" and discusses the main procedural issues in the bankruptcy exit of private schools.Based on the theory of stakeholders,the relevant legislation on private schools outside the border was examined and effective recommendations were made for improving the substantive rights of stakeholders in the process of bankruptcy withdrawal of private schools in China.The implementation of the classification management policy of private schools reflects the reform of the private education industrialization,which means that the regulation and control methods of the market economy will,to some extent,have an impact on the market withdrawal of private schools.The bankruptcy withdrawal of private schools is based on the bankruptcy capacity of private schools.There are three modes of bankruptcy legislation,namely the general bankruptcy model,the merchant bankruptcy model and the compromise bankruptcy model.At present,most countries adopt the general bankruptcy legislative model and recognize the bankruptcy capabilities of all social entities(not limited to commercial entities).However,our country only stipulates the bankruptcy capacity of enterprise legal persons,and there is no mention of the bankruptcy capacity of non-enterprise legal persons.Combined with the “General Principles of Civil Law” on the reconstruction of legal persons,non-profit private schools do not have bankruptcy.The contents involving bankruptcy liquidation should be based on the relevant provisions of the Private Education Promotion Law.The bankruptcy capacity of profit-making private schools and enterprise legal persons has certain similarities and can be applied to the relevant procedural provisions in the "Enterprise Bankruptcy Law." At the same time,with reference to the provisions of the "Private Education Promotion Law" on the liquidation of private schools,the relevant contents of the "Enterprise Bankruptcy Law" shall be adapted for application.Based on the public welfare of the education industry affiliated to profit-making private schools,based on the theory of stakeholders,the interests of the three types of bankruptcy stakeholders in private schools and their realization are analyzed.Students as a special subject,their right to education is not only part of the individual’s rights and interests,but also more relevant to the goal of social welfare.In conjunction with extraterritorial related judicial practice,they can properly intervene in administrative power and improve the independence of private schools.The three aspects of the establishment of the relevant social security system improve the realization of student rights in the process of bankruptcy and withdrawal of private schools in China.