The adoption of the "Private Education Promotion Law"(hereinafter referred to as the "Private Promotion Law")in 2002 is a sign that the focus of education in private education in the new era has changed from the traditional demand for private education to the opposite Pursuit.In the face of the connotative changes in the needs of educated people under the new situation,the further development of the rule of law and standardization of private education is imperative.For-profit private non-degree education(hereinafter referred to as for-profit private non-education)is a branch of private education.Although it has not been recognized on the legal level for a long time,it has already occupied an important position in China’s education system.The implementation of the “Private Promotion Law”,the“Implementation Rules for the Classification and Registration of Private Schools” and the “Implementation Rules for the Supervision and Management of For-profit Private Schools” for the third revision in 2018 marked the basic completion of the classification management system for private education in China.For non-governmental educational institutions,on the one hand,they bring rare development opportunities;on the other hand,we also need to see the problems in their market access.At present,whether it is regulatory documents such as laws and regulations at the central level or local regulatory documents of various provinces and cities,there are still certain loopholes in the actual implementation of market access and supervision.This article starts with the above-mentioned normative documents and takes profit-making non-educational institutions as the research object.First,sort out the development history of China’s for-profit private non-educational institutions since the reform and opening up,and combine its development process level,characteristics and other factors to grasp its context and future development trends.Secondly,through the text analysis of relevant normative documents,combined with the actual implementation of regulations,and then find out the misalignment and deficiencies in the existing for-profitnon-educational market access system.At present,the problem mainly lies in the level of discomfort for setting the entry threshold of for-profit private non-educational institutions,the unclear setting of the approval professional category by the approving agencies,and the branch resulting from the group chain of for-profit non-educational institutions in recent years Institutions and Internet education institutions are lagging behind in the examination and approval system.To solve the above problems,it should be carried out from three perspectives:examination and approval agencies,for-profit private educational institutions themselves,and daily supervisory agencies.From the perspective of the approving agency,it is necessary to adhere to and improve the existing classification management-based access system,to prevent unlawful school-running behaviors in the name of not-for-profit from the source.At the same time,according to the actual situation of various departments in various regions,it should formulate scientific professional classification and admission qualification standards.From the perspective of for-profit private non-educational institutions,they must optimize and perfect the internal governance structure,strengthen the maintenance of the legitimate rights and interests of teachers,and regulate the financial management and supervision of the institutions;from the perspective of daily supervisory institutions,focus on making it clear that when training institutions violate the law the legal responsibility assumed by the act,so as to provide specific standards and reference for the law enforcement of the regulatory authorities.Secondly,the education department takes the lead in daily supervision and forms a situation of joint supervision and law enforcement by various departments.In addition,the system innovations that can be adopted in the new situation.first,the approval process can be reasonably simplified;second,the “certificate separation” system that compulsorily binds school licenses and business licenses can be abolished;third,it is possible to appropriately simplify the procedures for applying for opening branches in non-governmental education and training institutions;fourth,strengthen the application of big data and artificial intelligence technologies,and give full play to the role of new technologies in institutional approval and daily supervision.Hope that this article can provide some ideas for improving the market access system of our national non-educational institutions,and thus help to regulate and develop our national non-educational institutions. |