The publication of the document "1+3" has solved the problems existing in the development of China's private education, such as unclear corporate attributes, unclear ownership of property rights, and inadequate government support, which indicates that China's private education has entered a new stage of development.
Liu Ling (Vice President of China Private Education Association and Dean of beijing city university):
It is necessary to establish necessary market rules through norms and lead the correct direction of the development of private education through norms.
"China grassroots organizations in private schools carry out party activities and strengthen party building in accordance with the provisions of China's articles of association." The Decision on Amending the Law on the Promotion of Private Education in People's Republic of China (PRC), which was voted by the 24th session of the 12th the National People's Congress Standing Committee (NPCSC), also made clear provisions on the classified management of private schools and the protection of the rights and interests of teaching staff.
The revision of the Law on the Promotion of Private Education and the promulgation of three supporting documents not only responded to social concerns, but also solved major problems in the current development of private education, making it possible to promote the reform of private schools in a stable and orderly manner.
During the two sessions of the National People's Congress, Zhong Binglin, member of Chinese People's Political Consultative Conference and president of China Education Association, and Liu Ling, vice president of China Private Education Association and president of beijing city university, visited the "Records of E-government of the two sessions" to interpret the benefits of the revision of People's Republic of China (PRC) Private Education Promotion Law to private education.
Achieve a leap from 30% to 100%-
"Full Coverage" of Party Organization Construction in Private Education
1On October 7th, the 24th meeting of the 12th the National People's Congress Standing Committee (NPCSC) deliberated and adopted the Decision on Amendments, and made 16 amendments to the original bill. Recently, related supporting documents, Several Opinions on Encouraging Social Forces to Establish Education to Promote the Healthy Development of Private Education, Detailed Rules for the Implementation of Classified Registration of Private Schools, and Detailed Rules for the Supervision and Management of For-profit Private Schools (referred to as "Document 1+3"), have been issued one after another. What are the benefits for private education?
Zhong Binglin: The publication of the document "1+3" is an important event in the history of the development of private education in China. It has solved the problems of unclear legal person attribute, unclear ownership of property rights and inadequate government support in the development of private education in China, which has had a far-reaching impact on its development and also marked that private education in China has entered a new stage of development.
Liu Ling: The publication of the document "1+3" on private education is an important exploration with symbolic significance in the development history of private education in China. The newly revised private education promotion law has made necessary adjustments and supplements to the original bill, and the legal system is more perfect, which will promote the development of private education more effectively.
Reporter: Adhering to China's leadership is the greatest political advantage and the most essential feature of Socialism with Chinese characteristics. This revision, how can private schools further strengthen grassroots party building?
Liu Ling: In 2006, the central government issued a special document on party building in private education, and then affirmed it from the legal point of view. It should be said that it is an important measure in the process of promoting the "four comprehensive" strategic layout. Judging from the current situation of party organizations in private schools, the coverage rate of party organizations is not very high. Therefore, to strengthen the construction of party organizations in private schools, it is urgent to achieve two coverage: first, full coverage of party organizations, so that the coverage rate of party organizations will be increased from about 30% to100%; Second, the work of party organizations is fully covered, and it is necessary to truly play the role of leading the direction, rallying strength, promoting development and serving the masses.
Zhong Binglin: Strengthening Party building in private schools is an important institutional arrangement to ensure the direction of running schools and safeguard public welfare.
Liu Ling: According to the previous survey of private schools that have established party organizations, most schools realize that establishing party organizations in schools and strengthening the leadership of party organizations have a positive role in promoting the development of schools, especially in coordinating the relationship between schools and the government, the relationship between teachers and students within schools, and strengthening social trust in schools, which not only ensures the direction, but also promotes the development of private schools.
Family members of private and public teachers-
The protection of the rights and interests of faculty is not slow.
Reporter: This revision of the law has strengthened the protection of the legitimate rights and interests of teachers and staff in private schools, which has attracted much attention.
Liu Ling: Among the driving forces for the development of private education, human capital is the biggest shortcoming at present. A considerable number of teachers in private schools have problems such as unstable ranks and lack of top-notch talents. First of all, schools should build a solid bottom line so that the basic interests of employees can be guaranteed. This highlights the importance of social basic pension and medical insurance. Secondly, in order to improve the treatment, the state encourages private schools to supplement endowment insurance for faculty and staff. Therefore, protecting the interests of teaching staff is not only the starting point of national laws and legislation, but also the inevitable pursuit of private schools' achievements. In China, the word "private education" is used instead of private education, in which "person" is an integrated concept, including the integration of social forces and internal forces in schools. School staff are an important part of the potential subject of private schools. Protecting the vital interests of students in private schools, such as democratic participation, right to know and supervision, is an important measure to mobilize the enthusiasm of students in private schools.
Zhong Binglin: Strengthening the protection of the legitimate rights and interests of teachers and staff in private schools is one of the highlights of the revision of this bill. From a macro point of view, the relevant laws and policies clearly explain the financial support, tax and fee concessions, construction land, etc. of for-profit and non-profit private schools, as well as the corporate attributes, ownership of property rights, internal and external governance structures, supervision and management, and the protection of rights and interests, team building, teachers' treatment, etc. At the same time, it also takes into account many stakeholders of private education, such as governments at all levels, private schools, organizers (investors), teachers and students, and forms an overall supporting policy framework and promotion system. As far as the development of teachers is concerned, teachers in public schools should be treated equally, and their income should be equal during their tenure. Especially after retirement, there is little difference in income between social insurance and endowment insurance; Even some aspects give advantages. The amendment to the bill decentralized schools. The organizers and principals of private schools shall, under the guidance of laws and policies, take effective measures to ensure the stability of teachers in private schools and attract senior talents and outstanding talents to teach in private schools.
Liu Ling: People who choose education have educational feelings, and the profession of teachers is relatively stable and stable. However, in the past, it was precisely the job stability that was challenged. Many schools do not provide basic pension and medical insurance for teachers, and there is no guarantee. Therefore, the amendment of this bill has made great progress, that is, it is necessary to pay insurance for teachers. Through the classified registration after classified management, a considerable number of private schools have entered the establishment of their undertakings and become public institutions. In this way, teachers in private schools can be on par with teachers in public schools in retirement benefits, and schools can use incentive mechanisms to attract, retain and make good use of outstanding talents. It is just around the corner for private schools to become quality schools. Therefore, bottoming and improvement should go hand in hand.
Clarify the rights and interests of the organizers and the internal governance structure-
Sunshine industry is no longer "dark"
Reporter: The revision of the Law on the Promotion of Private Education clarifies the protection of the legitimate rights and interests of private school organizers. Is this a great achievement of this revision?
Zhong Binglin: Private education in China has developed in the process of increasing popularity of education. Many private education investors and school operators invested a lot of money in running schools with their love and concern for education in the early days, which really made a very important contribution to improving the popularization of education at all levels in China. In this context, the amendment of the bill fully reflects the state's affirmation and respect for investors and operators of private education, and will greatly promote the attraction of more social capital and private funds into the education field in the future.
Liu Ling: How to mobilize the enthusiasm of investors and organizers of private education is an important focus of this revision. Judging from the revision of the regulations, it is mainly reflected in three aspects:
First, the implementation of classified management is beneficial to both types of private education organizers. On the one hand, organizers aiming at public welfare can get more support from policies and public resources, so that these organizers who want to be educators can realize their dreams; On the other hand, for another kind of investors, they regard the school as an industry or an enterprise to develop. Although there are provisions for reasonable returns, there are no specific operating methods, which are not recognized and protected by law in a certain sense. In addition to compulsory education, the revision of the law has also liberalized the profit-making restrictions in other educational fields, protected the rights and interests of private education, and enabled investors to develop it into a sunshine industry aboveboard. So it will also give birth to two phenomena: the quality of running schools and the emergence of new schools. Therefore, the implementation of classified management is an important protection for the legitimate interests of organizers and also a release of their potential.
Second, there are many provisions in the newly revised bill that clearly stipulate the organizers' participation in the management of private schools, as well as the final ownership of profits and assets. For example, non-profit schools are social public utilities, while for-profit schools are private property owned by investors.
The third is to set a transition period. How to deal with historical issues is a controversial point in the process of amending the law. The newly revised bill sets and introduces the principle of dealing with problems left over from history, giving organizers of private education sufficient time to fight for their legitimate rights and interests.
Zhong Binglin: The implementation of the new law not only opens up a new road for the development of private education, but also makes the competition more intense. Whether a school can gain a firm foothold in society, make great progress and get due returns depends on whether the school can improve its social reputation by improving its quality, especially the quality of personnel training. Therefore, there will be the expansion, adjustment and reorganization of quality education resources.
Reporter: This revision of the law has not only promoted non-profit running schools, but also liberalized for-profit running schools. How to co-ordinate the two?
Liu Ling: If the goal, nature and orientation of the school are clear, it can be built and developed in a down-to-earth manner. It can not only contribute to social and economic development, but also meet some needs of ordinary people, and investors and organizers will also get due returns. Whether organizers want to be educators or entrepreneurs, pursue social ideals or profits, they can get different support, so that both social forces can develop and grow on a fair starting line. In addition, the newly revised bill not only coordinates the relationship between the organizers of two different pursuits, but also coordinates two other relationships: first, the relationship between schools and society, including what attitude and policies the government adopts towards these two types of schools, and how to support and manage them; The other is the internal relationship of the school, that is, the relationship between the management represented by the organizer and the teachers and students.
Reporter: There is also a very important dialectical relationship, that is, how to standardize the management of private education and pay attention to supporting the development of private education?
Zhong Binglin: From the value orientation of the development of private education, one is to vigorously support the development, and the other is to strictly regulate the running of schools, ensure the training quality of private schools and improve social reputation. Private education has become an important part of China's education, and the contribution rate of different classes is different. For example, in the pre-school education stage, private education accounts for half of the country. It is very important to popularize pre-school education for three years and continuously improve the quality of education. The compulsory education stage is an important supplement. In the stage of high school education, private education meets the diversified and personalized choice needs of ordinary people and students. In the higher education stage, private higher education accounts for 20%-25%, regardless of the number of schools, enrollment scale, student scale and graduate scale. Therefore, the introduction of policies to encourage and support the development of private education, responsible for the people and students, must strengthen the necessary norms and management.
Liu Ling: After the amendment of the bill, the competition in the field of private education will be more intense. Therefore, it is necessary to establish necessary market rules through standardization, and guide the development of private education through standardization, which can not only protect the interests of consumers, maintain market order, but also protect the rights and interests of most organizers. Therefore, norms are the premise of development and must be consolidated. However, specification is not a limitation. Under the new situation, private schools should first grasp the direction of healthy development and correctly understand the relationship between norms and support.
Reporter: How to actively promote and protect the legitimate rights and interests of organizers in combination with the reform of classified management of private education?
Liu Ling: The interests of organizers are diverse and need to be treated dialectically. Classified management is the most basic protection for the security interests of the two types of organizers. China is now promoting the "Four Comprehensiveness", and running schools according to law should be an idea that all private school organizers must establish in their minds. In addition, there is a huge market for private education. After the country promoted the supply-side structural reform, at least one-third of the education demand in the market has not been met, and the market space is very large. Therefore, as long as the two types of education run schools according to law on the track of legal system, they will certainly win the future market space. Through the market, the interests of two different subjects can be coordinated.
Zhong Binglin: The classified management policy of private schools is formulated on the basis of learning from foreign private education governance and management models and combining with China's national conditions. If the corporate nature of private schools is not clear and the ownership of property rights is not clear, then for-profit schools lack legal protection and feasible operation methods if they want to get returns. After the amendment of the bill, for-profit private schools can confidently make profits on the basis of running schools well; For non-profit private schools, the government will increase its support.
Reporter: The original regulations only stipulated the board of supervisors. The revision of the law has standardized the supervision mechanism of private schools, such as the constitution, board of directors, board of directors and board of supervisors, and improved the internal governance structure of private schools.
Zhong Binglin: A series of laws and documents actually involve how to improve and optimize the governance structure of private schools. This revision clarifies the internal governance structure and framework design of private schools, and it is very important to optimize its internal governance structure and system and improve its internal governance ability.
Liu Ling: Actually, the amendment of this bill has legally set and adjusted the interest relationship within the school and its relationship with relevant stakeholders, which is an important impetus to the governance structure of private schools, especially the establishment of a modern private school system.
Now there is a problem in private schools, that is, the board of directors and administrative institutions are relatively sound, but the supervision mechanism is not enough. The first supervision mechanism is the board of supervisors. Most private schools have no board of supervisors, and there is no mutual restriction between decision-making, operation and supervision. The second is social supervision, including media supervision. The amendment of this bill requires the implementation of a third-party evaluation system for private schools. In fact, it is to promote social supervision of private schools through information disclosure, so that their development is in an open and transparent state, thus avoiding conflicts of interest among students, parents and schools. This also explains why the total social donations in 20 15 years exceeded 10 billion, of which education donations accounted for one fifth, but most of them went to public universities and rarely entered private schools. The "social capital" mentioned earlier is actually not the concept of material capital, capital or manpower, but the recognition of the government and the trust of the society, which is soft capital. For private schools, soft capital or social capital is also needed to drive development. Therefore, establishing the necessary supervision mechanism is also an important way to strengthen the soft capital and social capital of schools.