Research On The Puzzlement And Solution Of Investment Transfer Of Private Schools In China

Chapter one is the introduction,puts forward the origin of the topic,sorts out the existing research literature,explains the research methods and writing ideas,and defines the core concepts in the object of study.Chapter two starts with the relevant cases in the judicial trial in the past five years,and clarifies the specific problems encountered in the disputes over the transfer of private schools.In terms of the capital transfer right,the effectiveness of the capital transfer agreement,the share of capital contribution,the identification of the identity,and the application of the law,whether the contribution of the private school is related to the social donation,the legal person’s property rights and capital contribution,and the capital transfer agreement are in violation of the provision and jurisdiction of the Contract Law,original investor’s share and assignee’s share and status are evaluated within the framework of legal rules.Chapter three is the analysis of the problem.From the four aspects of the changes of legal norms in the development of private education,the legal attributes of private schools,the property rights of private schools,the causes of specific problems in the transfer of capital are analyzed.Chapter four and five are the solution of the problem: the establishment of a capital transfer system.Firstly,it analyzes the feasibility and necessity of capital transfer,and then discusses whether the transfer of capital can refer to the legal effect of the applicable Company Law and the school charter.Finally,it puts forward some specific ideas in the establishment of the system from the perspective of the profitability and public welfare of private schools.