(A) promote the merger and reorganization between private colleges and universities, and realize the optimal allocation of educational resources.

Overall thinking The government can take encouraging measures to selectively promote a number of private universities with strong comprehensive strength, excellent school-running conditions and quality, and merge some weak private universities to realize resource reorganization among universities. This can not only solve many problems existing in weak schools, but also help to promote some good schools to become bigger and stronger. Of course, the merger of colleges and universities should be a substantial asset merger, not a loose "smooth" or "subordinate" relationship.

Operation flow ① The university to be merged * * * sends staff to set up a merger working group, and after full consultation, the merger agreement and merger plan are put forward; (2) The merged universities convene their own board of directors to review and approve the merger plan and merger agreement; (3) With the consent of the administrative department of education (1) The two parties to the merged university reach an agreement through consultation, and entrust an accounting firm and an asset appraisal institution with the qualifications prescribed by the state to audit, evaluate, define and confirm the school property, creditor's rights and debts and the assets invested by the sponsors respectively, and prepare a balance sheet and a list of assets; (4) The merged institution shall submit the merger application and feasibility report to the examination and approval authority (including merger resolution, merger agreement, composition of the board of directors of the merged institution, financial liquidation report, asset evaluation report, professional adjustment after merger and teacher-student placement plan, etc.); (five) the examination and approval authority shall, within three to six months from the date of acceptance, entrust an educational professional evaluation institution to organize experts to demonstrate and review the application and feasibility report submitted by the proposed merged institution; ⑥ According to the expert's evaluation opinions, the examination and approval authority makes a decision on whether to approve the merger; ⑦ After being approved by the examination and approval authority, the merged institution shall go through the formalities of asset transfer and change registration in accordance with relevant regulations, and reorganize the internal leading institutions.

(2) Introduce new strategic investors and change the organizers of some private colleges and universities.

The general idea here is divided into two situations: one is that the original sponsor of the school does not quit and the property rights are not transferred. It just introduces new investors to make the investment bigger, and the original investors and new investors negotiate to re-divide the investment ratio. At the same time, when increasing capital, the ownership of school assets should be clearly defined, and the original investor's investment, new investor's investment, government's investment assets, social donation assets (including sponsorship fees) and school accumulated assets should be reasonably distinguished. The other is that the original investor transfers the property rights of the school in whole or in part, and withdraws from the original school in whole or in part after introducing the new investor. Relatively speaking, the latter method is more complicated, but it is more common and practical in practice.

Operation flow ① The original sponsor requests the school board of directors or the board of directors to transfer assets and recommends a new sponsor (the transferee of assets) (the new sponsor must meet the conditions stipulated in the Law on the Promotion of Private Education and its implementing regulations); ② The school holds a board meeting, and after it is approved by more than 2/3 directors, it makes a resolution to agree to the transfer of assets and change of sponsors, and submits an application to the education administrative department for the transfer of assets and change of sponsors (the application contents include: the written opinions of the school sponsors, the transfer resolution of the board of directors, the reasons for the transfer, the implementation plan and financial audit report, the name, address and legal person of the transferee, the asset certificate issued by the financial institution, the school's educational purpose and development plan after the transfer, etc. ); (3) With the consent of the administrative department of education, an accounting firm with specified qualifications entrusted by the school itself and recognized by the administrative department of education shall liquidate the assets of the school and the assets within the ownership of the sponsor, make a reasonable evaluation and definition of the assets of the school according to the principle of "whoever contributes, who owns", and submit a list of the assets of the school and the assets to be transferred to the administrative department of education; (4) After the education administrative department confirms the assets to be transferred by the original sponsor, the original sponsor (the transferor of assets) and the new sponsor (the transferee of assets) will deliver the assets and handle the asset transfer procedures; ⑤ After the new and old sponsors have completed the delivery of assets and notarized them, the school will go through the registration formalities for the change of sponsors at the examination and approval authority.

(three) for a small number of private colleges and universities that do not have the conditions for running a school and have not been improved for a long time, it is allowed to terminate or change the type of running a school.

The general idea is that, limited by its own resource conditions and school-running ability, it is at a disadvantage in the market competition. Although it has been hard, it has not been improved for a long time and has not caused serious consequences. Private colleges and universities funded mainly by the organizers themselves can open up a relatively loose channel and let them withdraw from the private higher education market. (1) According to paragraph 1 of Article 56 of the Law on the Promotion of Private Education, as long as students can be properly placed and there is no dispute over creditor's rights and debts, private colleges and universities that require termination according to the provisions of the school's articles of association should be allowed to terminate their running and deal with the aftermath independently. ② For some organizers who are still interested in continuing to run schools and have certain educational resources, we can consider keeping them in the field of education, but guide them to engage in non-academic education.

Operating procedures ① Private colleges and universities that require to terminate their running on their own must be approved by more than 2/3 directors of the board of directors and make a resolution at the meeting; (2) The school puts forward plans for student placement, dismissal of teaching and administrative staff and debts of the school, and submits them to the examination and approval department for review together with the resolutions of the board meeting; (3) With the approval of the administrative department of education, according to the provisions of Article 58 of the Law on the Promotion of Private Education, the school will organize its own liquidation, that is, the school sponsor will entrust an accounting firm with the prescribed qualifications and approved by the administrative department of education to carry out the financial liquidation of the school, and audit, evaluate and identify the assets; (4) After the liquidation, it shall be paid off in the order specified in Article 59 of the Law on the Promotion of Private Education (after the tuition fees of students, salaries and pensions of faculty and staff, tax payable and related debts are paid in accordance with regulations, if there is any surplus, the sponsor can get back the original value and reasonable value-added part of the assets invested in the school, and the remaining assets will be used by the education authorities to support the development of private higher education as a whole); ⑤ After properly arranging students and teaching staff and properly handling all kinds of creditor's rights and debts, the sponsor shall return the school license to the examination and approval department and go through the cancellation procedures with the registration authority; ⑥ Private colleges and universities that meet the requirements for transferring to non-academic education shall re-declare according to the requirements of holding non-academic education institutions, and the examination and approval department shall handle the matter as soon as possible.

(four) for a small number of private colleges and universities whose school-running behavior is extremely irregular and has led to serious consequences, the school license shall be revoked or compulsory termination shall be implemented.

General idea For private colleges and universities that violate relevant laws and regulations and cause serious consequences, but fail to fundamentally solve the problem and eliminate the influence after being ordered to rectify, the education administrative department may revoke their school license, cancel their qualifications and force the school to terminate. According to the provisions of Article 58 of the Law on the Promotion of Private Education, private schools that have been revoked or terminated by the examination and approval authorities according to law shall be liquidated by the examination and approval authorities.

Operation flow ① The examination and approval authority (education administrative department) makes a decision to revoke the license for running private colleges and universities that violate serious laws and regulations according to law; (2) The examination and approval authority sends a liquidation working group to the private colleges and universities whose school license has been revoked according to law to start the financial and asset liquidation (the specific liquidation business can be entrusted to a professional accounting firm); (3) While the liquidation team is stationed in the school, the examination and approval authorities should properly arrange the placement of students and the dismissal of teaching staff, and provide necessary financial help and channel support (please consult the public security organs to intervene in the school to maintain stability when necessary; In the case that the sponsor has hidden assets or evaded debts, it is also necessary to request the people's court to assist in sealing up or freezing the sponsor's school-running assets); (4) In the process of liquidation, once the examination and approval authority finds that the school cannot pay off the debts due or the liquidation assets are insufficient to pay off the debts, it shall, in accordance with the provisions of relevant laws and regulations, promptly notify the school sponsors (debtors) and relevant creditors to stop the liquidation work, and suggest that the creditors or debtors directly apply to the court for bankruptcy liquidation; ⑤ When there are no outstanding debts due or the liquidation assets are insufficient to pay off the debts, after the liquidation, the examination and approval authority will urge the school to start the liquidation according to the liquidation order stipulated in Article 59 of the Law on the Promotion of Private Education; ⑥ After properly handling the distribution of surplus property in private colleges and universities, the examination and approval authority shall withdraw the school license, order the school to go through cancellation procedures and terminate the school-running behavior.

(five) the insolvency, unable to continue running individual private colleges and universities, according to the law to start bankruptcy liquidation procedures.

The general idea refers to Article 2 of the Enterprise Bankruptcy Law. (3) Private colleges and universities can enter bankruptcy proceedings according to law because they can't pay off debts due, their assets are not enough to pay off all debts or obviously lack solvency. The application for bankruptcy liquidation can be submitted to the court by the debtor (i.e. private school) or the creditor (e.g. loan bank), and the court will decide whether to accept it or not.

Operating procedures ① After the court accepts the bankruptcy application of the creditor or debtor to the school, it shall organize property liquidation in accordance with relevant laws and regulations; (two) after the liquidation, in accordance with the "private education promotion law" provisions of the fifty-ninth order to pay off debts; ③ Proper placement of transfer students; ④ Reasonable distribution of surplus property.