Professional Documents
Culture Documents
Haitao Zhou
Qiang Liu
Jing Tian
Qian Li
Private Education
in China
Achievement and Challenge
Perspectives on Rethinking and Reforming
Education
Series editors
Zhongying Shi, Beijing Normal University, Beijing, China
Shengquan Yu, Beijing Normal University, Beijing, China
This book series brings together the latest insights and work regarding the future of
education from a group of highly regarded scholars around the world. It is the first
collection of interpretations from around the globe and contributes to the
interdisciplinary and international discussions on possible future demands on our
education system. It serves as a global forum for scholarly and professional debate
on all aspects of future education. The book series proposes a total rethinking of
how the whole education process can be reformed and restructured, including the
main drivers and principles for reinventing schools in the global knowledge
economy, models for designing smart learning environments at the institutional
level, a new pedagogy and related curriculums for the 21st century, the transition to
digital and situated learning resources, open educational resources and MOOCs,
new approaches to cognition and neuroscience as well as the disruption of
education sectors. The series provides an opportunity to publish reviews, issues of
general significance to theory development, empirical data-intensive research and
critical analysis innovation in educational practice. It provides a global perspective
on the strengths and weaknesses inherent in the implementation of certain
approaches to the future of education. It not only publishes empirical studies but
also stimulates theoretical discussions and addresses practical implications. The
volumes in this series are interdisciplinary in orientation, and provide a multiplicity
of theoretical and practical perspectives. Each volume is dedicated to a specific
theme in education and innovation, examining areas that are at the cutting edge
of the field and are groundbreaking in nature. Written in an accessible style, this
book series will appeal to researchers, policy-makers, scholars, professionals and
practitioners working in the field of education.
123
Haitao Zhou Jing Tian
Beijing Normal University Hangzhou Dianzi University
Beijing, China Hangzhou, Zhejiang, China
This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd.
The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721,
Singapore
Acknowledgements
The completion of the research and the production of this book have emerged from
a team effort. Grateful appreciation is extended to all those who have contributed to
this book. This research endures for 5 years. We employed site-based research
method. The members collected data from more than 500 private schools in 24
provinces such as Shanghai, Shanxi, Chongqing, Guangdong, Henan, Jilin,
Ningxia, and Jiangsu by site visiting. Focus group interview and one-on-one
interview are adopted in data collection. There are more than 200 interviewees,
which consist of private school’s principals, administrators, organizers, teachers,
and students. We collected systematic quantifiable data from 3204 private schools,
21696 private school’s teachers, and 158674 private school’s students. Those
abundant firsthand data laid a solid foundation for this research. Now, the book has
finally been completed.
There are too many people owe my gratitude. Very special thanks to Prof. Zhong
Binglin. I cannot imagine that our team could complete this book without his
generous guidance and outstanding help. My gratitude also goes to our research
team, and many of them are the young scholars who worked diligently on this
research. They are Fang Fang, Gou Xiaohui, Jing Anlei, Liqian, Liuxia, Luwei, Shi
Shaojie, Zhang Mohan, Zhu Yucheng, Shi Wenmei, Wang Yitao, Yan Liwen,
Zhang Liguo, Ma Yanli, and Tian Jing. They worked tirelessly on every aspect
of the research preparation, data collection, data analysis, and writing.
I acknowledge that without their full support, this research would not have done
under the tight deadline.
My gratitude is extended to the private school’s principals, administrators,
teachers, and students in this research. It is precise because of their selfless help,
and we can collect the data for this research.
Finally, my special thanks go to Faculty of Education of Beijing Normal
University for the funding and Springer Press for the professional guidance in
English publication.
v
vi Acknowledgements
No words can express my sincere appreciation and gratitude to all the contrib-
utors. But I carry on argumentation to Chinese private education certainly, please
correct if there is any deficiency in the passage.
vii
viii Contents
With the mushrooming of private schools from preschool to higher education since
1990s, private education has penetrated almost every level of education in China.
Ranging from shadow education to formal education, private education contributes
a great deal to education in China. Chinese government has taken positive gover-
nance measures to facilitate the healthy development of private education, such as
private school’s property rights, financial assistance, teacher’s professional devel-
opment, remunerations, and so on. The development of private education has made
tremendous contributions to China’s education
Even though, there are many challenges lay ahead for Chinese private education,
Chinese private education makes great achievements. This study tries to examine
Chinese private education’s achievements and challenges throughly. For instance,
what are the periodical characteristics of the reform and development of private
education in China in the existing period? What achievements have made in rele-
vant pilot policies’ implementation? What structural and institutional obstacles still
being? How to guarantee teacher’s legal interest and stimulate teacher’s enthusi-
asm? We invite more than 20 scholars in the fields of education, finance legal, and
management from more than ten universities and research institutes to conduct the
study try to answer those questions. We employ mix method to conduct this
research. Based on systematic research, this book mainly demonstrates the
modalities, achievements, and challenges of private education in China.
Although private education has a long history in China, it is even until recent
years people can have a comprehensive understanding of private education by
breaking the intrinsic prejudices. Adhering to the principles of reform-oriented,
problem-oriented, and policy-oriented, this book focuses on the achievements and
challenges of Chinese private education. The book consists of seven chapters, the
main arguments are as follows:
Chapter 1 outlines the development course of Chinese private education.
Historically, Chinese private education can be traced to the Spring and Autumn
Period which is more than 2000 years ago. It helps to know the exact details of the
evolution of private education with comparison of public education. The study of
Chinese private education history is indispensable for us to understand many tricky
xvii
xviii Introduction
problems, for example, why private education at a disadvantage for a long time?
What the government should do to facilitate the development of private education,
etc. Therefore, it is beneficial to know Chinese private education’s status quo and
the future trend in the historical context.
Chapter 2 discusses the changes of Chinese private school from multiple per-
spectives in the context of Chinese private education that plays a more significant
role in the whole education ecosystem. All levels of Chinese private education have
witnessed tremendous change both qualitatively and quantitatively since the pri-
vatization process at the turn of the twenty-first century. Providing detailed and
accurate data of Chinese private education in the past 12 years, the visualized
dynamic changing curve can be seen in this amply illustrated part.
In the past three decades and more, the practice of Chinese private education
contributes to change the government’s educational administrative function.
Chapter 3 discusses the realistic basis and overall framework of classification
management. As the indicator of the transformation of government administrating
function, the change of classification management policies shows the achievements,
challenges, and new trends of legal person’s classification registration and the
ownership of property in Chinese private education well and truly. The related
policies of central government and local government are thoroughly discussed in
this part.
Chapter 4 focuses on the ownership of property rights of Chinese private
institutions. The development of Chinese private education is impeded by the
problems of the vague ownership of property rights and infringement of property
rights. Establishing a reasonable property rights system should deal with the urgent
problems such as private school raising capital, conflict between profitability, and
public welfare of private school properly. By analyzing the policies and policies of
national and local governments, we can have a panoramic view of Chinese private
institutions’ ownership of property rights.
Chapter 5 demonstrates the crucial financial issues of Chinese private education.
The funding and financial management system is private school’s top concern. We
begin with a theoretical framework review of public good theory, education equity
theory, and education cost-sharing theory. An analysis of the policy reform and
problems emerging in China with the financial issues is followed. This chapter ends
with a proposal of some potential solutions of the existing problems such as few
sources and channels of funds, poor implementation of the supporting policy, and
confused internal fund management of education providers.
Chapter 6 diagnoses private school’s governance system. After reviewing the
current government policies and their implementations, as well as borrowing ideas
from the pilot experience with reference to the construction of private school
management system, this chapter proposes the policies of improving for-profit and
non-profit private school’s management system. Then, this chapter draws the two
principal proposals within the framework of the classification management system.
First, the non-profit private schools should focus on the key external system con-
structions. Second, the for-profit private schools shall comply with the common
Introduction xix
1
Hsiao-Tung (1992).
1.1 Chinese Philosophy of Private and Private Realms 3
different “ripples,” and self subordinates to individual’s family. The family con-
nects to different families at different “ripples” and subordinates to the state. In this
context, each family is a miniature state, and the state develops its structure out of
families.2 “Gong” and “si” exist as social microcosm and macrocosm. The emperor
represents “si” for his family and represents “gong” for the nation in the meantime.
The land, which is the most important means of production in feudal society, is
private by families, and the land is state-or-royal-controlled as well. The wealth and
assets earned by a certain person belonged to and redistributed by the family, which
makes the family ownership rather than private ownership as the foundation of
Chinese traditional economy.
That is to say, the “private” roots deeply in Chinese ideology and
social-economic pattern from a historical perspective. The nature of “private” is not
constant. The private realm and the public realm are often overlapped and trans-
formable. However, the private participation is introduced and developed from long
time ago in Chinese politics and economy overall, while private spheres are con-
fined differently from the western culture perspective. The division of social spheres
is not as clear for public/private realms as for government/civilian realms. This
opinion is sufficient to explain that Chinese private education (civilian-run educa-
tion) has its own distinct features as regards its relationship with public education
(government-run education).
China possesses the longest continuous recorded history in the pre-modern world.3
However, the beginning of private education and private school is a topic in dis-
pute. Many researchers insist that Confucius is the founder of private education in
China, for “Confucius has a preference for training student for character instead of
vocation.”4Other researchers believe that private education is born from the folk,
and the knowledge transmission outside official schools is frequent and broad.
School education was exclusive to the ruling class before Confucius set up aca-
demies to deliver lecture to the public. The government-monopolized education at
that time not aimed to restraining private education participation but for practicing
the dominant political idea. Formal education served for the ruling class only by
doing this. In this sense, there was no need to distinct public and private education
before Confucius, or we can say, Confucius built an initial nongovernmental
education system which culture began to move down to the social ladder, and the
division of public and private sectors in education became possible.
2
Yao (2010).
3
Makeham (2008).
4
Ferrara (2015). Chapter 1.
4 1 Private Education and the Tale of Two Sectors
research and compiling books. The scholars who founded the institutions would
teach their original idea or interpretations of classics to their students.
Han Dynasty is a historical period which public education flourishes as well. At
the local level, there were many district-based higher education institutions and
primary schools. At the central government level, Emperor Wu of Han set up the
most high-level educational institution called the Imperial College (“tai xue”) to
teach Confucian classics. The government selected talents among the students as
public officials in 139 B.C. Different from the pattern in the Spring and Autumn
period and the Warring States period, public education declined while private
education prevailed, and Han Dynasty created a mutual prosperity of both public
and private education. The role of private sector as education provider outside of the
governments was highly appreciated.
History repeats itself. The South and North Dynasty (220–589 A.D.) had a
recurrence of public education declining and private education booming. However,
the following Sui Dynasty and Tang Dynasty (581–907 A.D.) performed a play in
which public and private education were highly developed and complemented to
each other. At that time, receiving enlighten education in private schools and then
entering state-run higher education institutions or public specialized academies of
laws, math, or calligraphy became the mainstream. It was greatly encouraged by the
central government. Many researchers accept the school education system and the
joint efforts of the two sectors. School education system reached its peak during this
period.
The private education continued to grow in Song Dynasty and Yuan Dynasty
(960—1368 A.D.). The interaction between public and private education was more
frequent than ever before. Academy (shuyuan in Chinese) is unique private higher
education institution and could be traced back to Han Dynasty. The invention of
typography in Song Dynasty speeded up bookmaking, circulation, and knowledge
dissemination; it also facilitated the spread of shuyuan all over China. The academy
was independent private institution at the first time but gradually turned to be an
public and private mixed institution. Song Dynasty, unlike other dynasties, took an
active part in shuyuan administration. The central government explicitly encour-
aged the establishment of shuyuan, the emperors, from time to time, bestowed
precious books, and documents to outstanding ones. The wealthy local govern-
ments even granted directly to establish shuyuan, which in turn undermined the
autonomy and independence of shuyuan.5 When Mongolian conquered Song
Dynasty and established Yuan Dynasty which is the first minority dynasty6 to rule
China, Yuan Dynasty increased government’s supervision of shuyuan, though the
development of shuyuan was still be encouraged and protected, in order to
strengthen the political ideology control of the Han nationality intellectuals. It is
noteworthy that the government was not the single party, which showed
5
For example, the Stone Drum Academy, one of the four famous academies.
6
The nationality of most Chinese is The Han Nationality, people in other ethnic group belongs to
minority group.
6 1 Private Education and the Tale of Two Sectors
The first Opium War (1839–1942 A.D.) considered as the beginning of modern
Chinese history. Qing government suffered a defeat in this war and signed the
Treaty of Nanking with the United Kingdom. According to this unequal treaty,
China was forced to open doors to western commerce, religion, culture, and edu-
cation. After this, Qing government suffered a series of military defeats and signed a
series of unequal treaties with western powers. Among a number of rights and
privileges, these treaties granted foreign countries the right of conducting mis-
sionary activities and running schools in China. Missionaries flushed into
7
The Origins of Chinese Private Education and its Development.
8
Wang (1935).
1.3 Private Education in Early Modern Times 7
China with the protection of these treaties, and they built mission schools first in
cities with foreign-trade ports and then some large interior cities.
With the spread of western culture and the decline of national sovereignty, people
who concern the future of the country criticized the old-style schools with the main
aim of cultivating feudal bureaucrat were severe. The reform of old-style schools
launched from the bottom-up. Western science and technology, as the supplemen-
tary of traditional teaching, added to the syllabus. However, before the abolition of
the imperial examination in 1905, education in traditional private and public schools
was still imperial-examination-oriented. The learning was mainly for the purpose of
entering political stratum. The real modern schools came into being later.
The period of 1840–1860s witnessed no effort of educational reform by Qing
government in order to strengthen the nation. It was not until the ruling elite
launched the Self-Strengthening Movement (also called “Westernization move-
ment,” 1861–1895), China embarked on the course of modernization of Chinese
own accord. “Self-strengtheners” advocated mercantilism and the learning of
western languages, military technology, and armaments; they built more than 30
western schools in China to cultivate talents of science, military, and languages.
The “Self-strengtheners,” on behalf of Qing government, selected 30 intelligent
school-age children every year and sent them to study abroad. The western schools
called “new schools” that strongly contrasted with old-style schools. However, the
“self-strengtheners” insisted in the conservative Confucian worldview and refused
any social reform beyond the scope of economic and military. The campaign failed
to rescue the nation from subjugation, the first top-down modernization terminated.
During this period, the mission schools continued to grow with reluctant per-
mission from Qing government. They existed as a third party, neither public nor
private, and stayed remote from the nation’s education system. Meanwhile, a mix-
ture of western modernity and Chinese tradition became irresistible in the bottom-up
reform of old-style private schools and the top-down establishment of new schools.
From 1901 to 1911, Qing government devoted to reform, with a series of “new
policies” to embrace an all-out modernization project. Education reform was not
limited in curriculum but extended to the reformation of whole education system.
“Authorized Regulation for Schools” was promulgated in 1902, and Yin-Yan
Educational System was designed but not implemented. “Presented Regulation for
Schools” was promulgated in 1904. The government enacted the first compre-
hensive education system, Kui-Mao Educational System, which was built to replace
the traditional one, and was then carried out all around the country. Private schools
incorporated for the first time into education system for government administration
(private schools were permitted by feudal government but were not included in the
formal education system before). The abolition of imperial civil examination system
made all schools including private ones liberated from the bounds of
examination-centered teaching and learning possible. Meanwhile, China developed
national and bureaucratic capitalism, and class-based teaching system became
impossible. The modern private schools entered into a booming period.
In the field of higher education, there was a strict limit on privately run colleges.
The government bared private person or groups from engaging in running
8 1 Private Education and the Tale of Two Sectors
specialized colleges, with the exception of foreigners who were free to run all levels
of mission schools or private schools in China. It was believed that foreign mis-
sionaries built first modern colleges in China based on mission schools, some of the
programs up to the higher education standards before 1911.9 In addition, this
decade was the last 10 years of Qing Dynasty whose imperial power declined
sharply even with many strong and harsh self-help initiatives. In the context of
Qing government giving up education sovereignty, it is understandable that all
levels of missionary schools could grow without any restraint and develop to an
essential part of Chinese modern education.
The Chinese bourgeois started a revolutionary war and overthrew Qing Dynasty
in 1911. China established the republican government, and the period (1911–1949)
was then called republican China era or the Nationalist era. The republican gov-
ernment set up the Ministry of Education to exert centralized administration over
schools all over the country. It was in this period that the administration of private
education became highly systematic and institutionalized. At least four aspects
initiatives deserved to get attention.
First, private education was given equal legal status as public education, and
private schools were no longer treated as supplementary in national education
system. In 1912, the Ministry of Education issued Regulations on Public and
Private Schools, specifying that public and private schools equalled to each other in
terms of providing education services. The establishment, rectification, and abol-
ishment of private schools shall submit to the Minister for approval. China issued
“Regulations on Private Schools” in 1913 first, replenished in 1914, and revised
many times hereafter.10 This decree stipulated the adoption of board of trustees in
private schools and the strategy of decentralizing educational administration with
the central government responsible for private higher education, provincial gov-
ernments for secondary education, and county governments for primary education.
Second, the private participation in education was vigorously
encouraged. Government guaranteed the preferential policies for private education.
China issued “Regulations of Rewarding for Education Donations” in 1913, and
released several regulations on allocations of grants and subsidies for private
schools subsequently. Laws regulated on the following and many other issues. For
instance, how private schools became qualified for tax reduction or exemption?
How to use the land to run private schools? How education philanthropist got
reward by the government? According to the first and the second education year-
book of the republican China government, the funding of private colleges and
universities increased from 14.242 million in 193111 to 484.904 million in 1946.12
9
Hayhoe (2004).
10
Yao (2009).
11
Taiwan Department of Education Republic of China Education Yearbooks Compilation com-
mittee (1991a).
12
Taiwan Department of Education Republic of China Education Yearbooks Compilation com-
mittee (1991b).
1.3 Private Education in Early Modern Times 9
This incensement partly caused by the currency debasement and inflation, it could
not be denied that the effectiveness’s of private education social donations were
noticeable and remarkable.
Third, private vocational education was recognized and developed as an
essential part of education system. “Decrees on Industrial Schools” (1913) defined
“private industrial school” as industrial school established by private person or
private legal person. The “industrial school” was renamed as “vocational school” in
“Draft of the School System Reform” (1922), and private vocational education was
legitimized for the first time in Chinese legal framework. In 1934, the Ministry of
Education issued “Compilation of Subject-based Curriculum, Syllabus and Device
Profile in Vocational Schools,” the unified vocational education curriculum stan-
dard was then established. Fourth, the government reclaimed education sovereignty
gradually, the missionary schools were sinicized and secularized, and then were
integrated to the private education. In view of the unequal treaties signed by Qing
government, the number of missionary schools increased sharply, and Christianity
spread in China stunningly. Chinese student organizations, educational organiza-
tions (Chinese Association for Education Promotion as the most active one), and
social activists advocated for separating education from religion called on the
republican government to make missionary schools under control. The government
promulgated Measures of Foreign Donation Request for Approval of Running
Schools (1925) to request all foreigners-run schools reregistered in government
agencies, which included the government administration of missionary schools into
“Revised Regulations on Private Schools” (1926) to define the missionary schools
as private in nature instead of the third party, neither public nor private as before.
Though missionary schools reluctant to register and manage by Chinese govern-
ment, the majority of missionary schools did what the government required to do.
As a result, Chinese were able to take seats on the board of trustees of mis-
sionary schools as required by “Memorandum of Private School Board of Trustees”
(1926), the percentage of Christians in students and teachers began to decrease. The
government engagement in missionary school’s expenditure, teaching and admin-
istration deepened while missionary schools had their positions in Chinese edu-
cation system, and the position enhanced significantly.13 There were 13 Christian
universities in the Republican China period, and the main parts of them were
inherited by universities until today, in spite of several times of department ad-
justments, merging, and reorganization. For example, Yenching University as the
predecessor of Peking University, Shantung Christian University as the predecessor
of Shantung University, Dongwu University as the predecessor of Suzhou
University, University of Shanghai as the predecessor of Shanghai Science and
Technology University, Lingnan University as the predecessor of South China
University of Technology, etc.
In addition to missionary colleges and universities, dedicated educators who
raised funds by themselves established a lot of Chinese colleges and universities.
13
Duan (2011).
10 1 Private Education and the Tale of Two Sectors
For example, Zhang Boling founded Nankai higher school and then expanded into
Nankai University, which is now one of the most famous universities in China.14
The main source of funding was individual donation. Zhang raised funding started
with his friends, and then extended the fundraising to military leaders, politicians,
and celebrities. With donated lands and funds and great supports from different
sectors of the society, Nankai University successfully survived after years of
anti-Japanese war and Chinese civil war.15
An interesting thing was that the public/private boundary was again blurred, and
the definition of private/public school changed greatly. At least, in the field of higher
education, private colleges and universities were those founded by individuals and
with individual donations, while public ones were those founded by societies with
collective funds. Thus, Nankai was formally called “Private Nankai University”
before 1949. However, Fudan University, the first higher education institution
founded by Chinese citizen, shifted its official name from “Fudan Public School” to
“Private Fudan University” (1917), and then to “State-run Fudan University” (1941).
Though this period of Chinese history had been plagued by frequent misfortunes and
wars, these universities, especially privately funded universities developed vigor-
ously and laid the foundation for Chinese modern higher education.
After the Chinese Communist Party (CCP) triumphed in the civil war and established
the People’s Republic of China (PRC) in 1949, the political and social life in China
stepped into a new stage. At that time, private sector had a large share of the national
education system. The number of students was fabulous. Though the accurate
statistics of all levels of private schools was missing, the data of higher education was
available. There were 81 private colleges and universities, accounting for 39.5% of
the total higher education institutions.16These private colleges and universities
clustered mainly in cities where economy, culture, and education developed well.
Taking Shanghai, the most vigorous economic zone, as an example, there were 40
colleges and universities in total, among which 30 of them were private.17
In the early days of the New China, the government proposed to protect and
reform private schools. Given the fact that private schools were very complex in their
funding resources (some of them were supported by Christian Church, some were by
warlords, and some were by patriotic personage), the reform strategies were quite
different. In 1950, the central government started the socialist transformation in
education. Missionary schools and foreigners-founded schools transformed to either
14
Fairbank (1986).
15
Zhi (2012).
16
Yu (1994).
17
Mao and Shen (1989).
1.4 Private Education in the New China 11
state-run or Chinese-run with governmental support. Foreign capital has been ban-
ned in Chinese education since then. In 1952, China launched all levels of public
schools’ full-scale nationalization policy. With rounds of school merger, relocating,
and rebranding, China took private primary and secondary schools into public
ownership in 1956. In the wave of nationwide reshuffling of higher education dis-
ciplines and departments in 1952, missionary and Chinese-run private colleges and
universities either upgraded, reoriented, or merged with public universities. All
higher education institutions with private elements transferred to public ownership
finally. The development of private education halted; there is a long blank in the
history of private engagement in education.
After the reform and opening-up policy in 1978, the ban on private education was
gradually lifted. With the introduction and development of market economy in
socialist system, Chinese government carried out coordinated reforms in social,
political, and educational fields. To meet the growing public expectations of
receiving higher education, the government enacted “Tentative Measures of
Self-taught Higher Education Examination System” policy in 1981, and put it into
trial run in Beijing, Tianjin, and Shanghai. This enactment defined a new type of
private schooling, which required students to conduct self-study, to seek academic
help from nongovernmental education organizations, and to earn higher education
degrees through Higher Education Self-Study Examination System. The early 1980s
witnessed a wave of tutorial schools upgrading as degree-offering higher education
institutions, among which the Chinese Society University founded in 1982 was
generally recognized as the first private university in the New China. Encouraging
by favorable policy environment, private basic education began sprouting as well.
The government embarked on structural reform in the education field and moved
on from the principle of “education serving for proletariat politics” to the one that
education should serve the interests of economic growth. This reform rhymed with
a series of laws and regulations. China promulgated Decision of the Central
Committee of the CCP on Education System Reform in 1989, putting forward
explicitly that “to encourage enterprises, citizens and other social forces to engage
in running schools.” In 1992, China issued Decisions on Accelerating the
Development of Tertiary Industry; education clearly classified in the tertiary sector
of economy. Given the facts that Chinese prefer saving to consumption, while they
were never grudge to spend money on Children’s education, China made a national
strategy to stimulate consumption and boost people’s demands on education so as
to facilitate the growth of the economy. Under the influence of these factors, some
places explored education industrialization or privatization approach, while the
debate over it was fierce and has been increasingly heated over years. In 1999,
China launched the CCP Central Committee’s and State Council’s Decisions on
Deepening Education Reform and Promoting Quality-oriented Education, which
rethought private schools as equal as public ones. Private sector was supposed to
function not only as the supplementary to public sector but also as the mainstay of
education causes. In 2003 and 2004, China published the first specialized law on
private education titled Private Education Promotion Law and the supporting
Regulations on the Implementation of the Private Education Promotion Law,
12 1 Private Education and the Tale of Two Sectors
respectively. Both laws stipulated that the development of private education was of
public social benefits, and all private schools were non-profit legal persons.
Nevertheless, the founders and sponsors of private schools could reward with
“reasonable returns” as bonus and incentives. With all of these as incentives, the
expansion of private schools in China was spectacular and bristled constantly with
new problems.
There are two issues to be stated at the end of this chapter. The first one is China
revised Private Education Promotion Law (2003) in 2016. According to the latest
law which will be enacted in the near future, for-profit private preschool education
institutions and higher education institutions will be legitimized in Chinese legal
system. It might conceivably attract social funds and even foreign funds to invest in
legally permitted for-profit kindergartens and colleges, though running schools not
for philanthropic giving but for profit-seeking already existed in spades. The second
one is that private education is called “minban” education in the New China. The
public/private distinction transformed from “gong”/“si” to “state-run”/
“civilian-run.” The long tradition of joint development of public and private edu-
cation continues in China, although the implications of “private” and “private
education” have changed and keep changing in historical and political senses.
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Wang LY (1935) The Shexue in Ming Dynasty. The Monthly Magazine of Fujian Normal
University, Fuzhou
Yao X (2010) Chinese religion: a contextual approach. A&C Black. p 127
Yao ZS (2009) 民国时期私立学校的发展及其启示 [Private School’s Development and its’
Enlightenment in the Republic of China Era]. 纪念 《教育史研究》 创刊二十周年论文集,
(8)–中国民办教育史研究. [The Memoir of the 20 Years’ Anniversary of Education History
Research-Chinese Private Education History Research]
Yu L (1994) Chinese higher education history, (vol. 2). [中国高等教育史(下册)]. East China
Normal Press, Shanghai.[华东师范大学出版社]
Zhi XM (2012) The idea of University-the principals in The Republic of China
Chapter 2
Private Education Development
at a Glance Since 2003
Fig. 2.1 Changes in the Number and Proportion of Private Colleges/Universities Nationwide
(2003–2015). Source Educational Statistics Yearbook of China (2003–2015), Data Compiled from
Ministry of Education of PRC
From 2004 to 2015, the number of private independent colleges increased first and
then decreased. During the period between 2004 and 2010, the total number of
independent colleges was relatively stable, increasing from 249 to 323, and then
reducing to 283 in 2015. The proportion of independent colleges in total colleges/
universities nationwide alternated from 2004 to 2015, showing a steady escalating
trend from 2004 to 2006 and a steady downward trend from 2006 to 2011. After
rising from 2011 to 2012, it began to decline from 2012 to 2015 (Fig. 2.2).
From 2003 to 2015, the number of private senior high schools showed a wavelike
change, which increased from 2679 in 2003 to 3245 in 2006. The years from 2007
to 2012 saw a slow downward trend, decreasing from 3101 to 2371. From 2012 to
2015, it slowly rose to 2442. The proportion of private senior high schools in total
2.1 Changes in the Number of Private Schools from 2003 to 2015 15
Fig. 2.2 Changes in the Number and Proportion of Private Independent Colleges Nationwide
(2004–2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled
from Ministry of Education of PRC
senior high schools nationwide also showed a similar trend. There was a rising
trend from 2003 to 2006 and from 2011 to 2015. From 2006 to 2011, we can see a
downward trend (Fig. 2.3).
Fig. 2.3 Changes in the Number and Proportion of Private Senior High Schools Nationwide
(2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled
from Ministry of Education of PRC
Fig. 2.4 Changes in the Number and Proportion of Private Secondary Vocational Schools (2003–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC
2.1 Changes in the Number of Private Schools from 2003 to 2015 17
The number of private junior high schools nationwide fluctuated from 2003 to
2014, and the proportion it takes increased gradually. The private junior high
schools grew rapidly from 2003 to 2005, while 2006–2010 showed a slow upward
trend. It went up year by year from 2011 to 2015. Compared with 2013, it rose to
341 in 2015. The proportion it takes has been on an upward trend from 2003 to
2013, rising from 5.73 to 9.31% (Fig. 2.5).
The number of private primary schools grew steadily from 5676 in 2003 to 6242 in
2005 and then decreased to 5186 in 2011. The number trended up since 2011 and
reached 5859 in 2015 markedly. Its proportion in total primary schools has been on
an obvious rise during the period between 2003 and 2015, among which it mounted
to 3.08% in 2015 (Fig. 2.6).
Fig. 2.5 Changes in the Number and Proportion of Private Junior High Schools Nationwide
(2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled
from Ministry of Education of PRC
18 2 Private Education Development at a Glance Since 2003
Fig. 2.6 Changes in the Number and Proportion of Private Primary Schools Nationwide (2003–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC
Fig. 2.7 Changes in the Number and Proportion of Private Kindergartens Nationwide (2003–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC Changes in the Number of Students in Private Schools Nationwide
(2003–2014)
trending up, which was less than 2.1% per year from 2004 to 2007. The number in
the year 2008 was 10 times as high as in that in 2007. The percentage reached
24.31% in 2013 (Fig. 2.8).
The number of private junior college students fluctuated from 2004 to 2014,
among which the private junior college students grew steadily, increasing from
633,216 in 2003 to 1,956,961 in 2010, showing an increase of more than three
times. After that, the number began to drop to 1,860,572 in 2013 and rose to
2,275,200 in 2015. The proportion it took in the total junior college students
increased steadily from 2003 to 2010, slightly decreased in 2012, and showed an
upward trend in 2013.
Fig. 2.8 Changes in the Number and Proportion of Private College Students Nationwide (2004–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC
enrollment also showed a trend of fluctuation, among which the proportion was less
than 3% from 2004 to 2007, reduced to 19.33% after 2011, and reached a maximum
of 25.20% in 2012.
Private junior college student enrollment also showed a trend of volatility from
2004 to 2015, among which there was a rapid growth trend from 2004 to 2008, an
alternation of increase and decrease from 2008 to 2015, in which the private junior
college students was 812,900. The proportion of private junior college enrollment
accounting for the total college enrollment nationwide has shown a steady growth
trend from 2004 to 2008, among which there was a gradual decline from 2008 to
2012, and it has been picked up since 2013 (Fig. 2.9).
The number of private college graduates showed a rapid growth trend from 2004 to
2015. It was in the rapid growth stage from 2004 to 2007, when private college
graduates reached 30,176 and then showed a breakthrough trend from 2008 to
2015, reaching 88,400 in 2015. It showed an increase of more than 270 times higher
than the number in 2004. Meanwhile, the proportion of private college graduates
accounting for the total college graduates rose dramatically from 0.27% in 2004 to
24.66% in 2015 (Fig. 2.10).
2.2 The Number of Students in Private Colleges/Universities 21
Fig. 2.9 Changes in the Number and Proportion of Private Colleges/Universities Enrollment
Nationwide (2004–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
The number of private junior college graduates showed a rapid growth, followed
by the trend of decline from 2004 to 2015. Since 2005, private junior college
graduates exceeded 10 million for the first time, reaching 140,106. It mounted to
649,902 in 2011, fell to 580,945 in 2014, and then grew to 628,400 in 2015.
Meanwhile, the proportion it takes in the total junior college graduates showed a
fluctuating trend, among which it soared dramatically from 7.09% in 2003 to
17.92% in 2008. Since 2009, we could see a decline, followed by a rise. After then,
it reached 22.44% in 2013 and fell to 19.50% in 2015 (Fig. 2.10).
Private senior high school students increased rapidly from 2003 to 2006, reaching
2,477,160 in 2006. The number remained stable from 2007 to 2015, and reached
2,386,542 in 2014. The proportion of students in private senior high schools in the
total senior high school students nationwide fluctuated regularly, among which it
22 2 Private Education Development at a Glance Since 2003
Fig. 2.10 Changes in the Number and Proportion of Private College Graduates Nationwide
(2004–2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled
from Ministry of Education of PRC
Fig. 2.11 Changes in the Number and Proportion of Private Senior High School Students
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
2.3 The Number of Private Senior High School Students … 23
expanded rapidly from 2003 to 2006, maintained at 9.5% from 2006 to 2013, and
reached 10.82% in 2015 (Fig. 2.11).
From 2003 to 2015, the number and proportion of enrollment in private senior high
schools in China showed a stable upward trend. The number of students enrolled
increased rapidly from 2003 to 2005 and the tendency gradually slowed down from
2006 to 2013, during which it peaked at 827,299 in the following year 2015. The
proportion it took in the total senior high school enrollments nationwide presented a
steady increasing trend between 2003 and 2006, and then kept almost stable until
2013, basically maintaining between 9.7 and 10%. The year 2015 saw a break-
through, up to 11.68% (Fig. 2.12).
From 2003 to 2015, the number of graduates in private senior high schools in China
showed a fluctuating change. The period from 2003 to 2008 witnessed a sharp rise,
1000000 14.00%
900000 11.86%
12.00%
800000 10.43% 10.39%
10.42% 9.91% 9.86% 9.82% 9.72% 9.70%
9.56% 9.80% 9.68%
700000 10.00%
8.44%
600000
8.00%
500000 914794 945100
909045 6.00%
400000 833008 835370 827299
785088 825634 821302
813687 798192
300000 809462
634945 4.00%
200000
2.00%
100000
0 0.00%
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Fig. 2.12 Changes in the Number and Proportion of New Student Enrollment in Private Senior
High Schools Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–
2015), and Data Compiled from Ministry of Education of PRC
24 2 Private Education Development at a Glance Since 2003
which peaked at 789,064. In the following years between 2009 and 2010, it had a
declining stage. The 4 years from 2011 to 2015 fluctuated up to 773,912. Generally
speaking, the proportion it takes in the total graduates from senior high schools in
China had an increase before a decline, which then tended to remain steady.
Specifically, there was an increasing trend between 2003 and 2009. The following
years from 2010 to 2012 saw a slowly decreasing trend. In 2015, the proportion
finally went up to 9.7% (Fig. 2.13).
From 2003 to 2015, the number of students in private secondary vocational schools
showed an increase first followed by a decline. The years between 2003 and 2009
witnessed a gradual increase and the period from 2009 to 2015 experienced a steady
Fig. 2.13 Changes in the Number and Proportion of Graduates in Private Senior High schools
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
2.4 The Number and Proportion of Students in Private Secondary … 25
decline each year. The year of 2009 was a special year, which had the highest
number of students at 3,180,957. The proportion of students in private secondary
vocational schools showed a fluctuating change of the nationwide students in
secondary vocational schools throughout the period, among which the year 2009
was a turning point, showing a change from an increase to a decrease (Fig. 2.14).
From 2003 to 2015, the number of new students enrolled in private secondary
vocational schools increased at first, and then had a declining trend. The years
between 2003 and 2009 saw an obvious increasing trend, which was followed by a
noticeable decrease until 2015. The proportion of new students enrolled in private
secondary vocational schools rose rapidly during the period from 2003 and 2008,
when it peaked at 15.05%. The figure steadily decreased to 11.80% before an
obvious upswing in 2015 (Fig. 2.15).
From 2003 to 2015, both the number of graduates in private secondary vocational
schools and the proportion accounting for the nationwide secondary vocational
Fig. 2.14 Changes in the Number and Proportion of Students in Private Secondary Vocational
Schools Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015),
and Data Compiled from Ministry of Education of PRC
26 2 Private Education Development at a Glance Since 2003
Fig. 2.15 Changes in the Number and Proportion of New Student Enrollment in Private
Secondary Vocational Schools Nationwide (2003–2015). Source Educational Statistics Yearbook
of China (2003–2015), and Data Compiled from Ministry of Education of PRC
school graduates had a first increase, followed by a decline. Between 2003 and
2015, graduates in private secondary vocational schools were obviously less than
ever. In 2010, the number was up to 967,147 and it steadily declined from 2011 to
629,156 in 2015. The percentage of graduates in private secondary vocational
schools of the total showed an upward trend, reaching up to 14.54% in 2010, which
was followed by a sharp decrease to 11.08% until 2015 (Fig. 2.16).
From 2003 to 2015, the number of students in private junior high schools had a
steady progressive increase from 2,565,747 to 5,029,300. The proportion of stu-
dents in private junior high schools showed a noticeable upward trend from 3.88 to
11.66% of the total junior high school students (Fig. 2.17).
2.5 The Number and Proportion of Students in Private Junior … 27
Fig. 2.16 Changes in the Number and Proportion of Graduates in Private Secondary Vocational
Schools Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015),
and Data Compiled from Ministry of Education of PRC
Fig. 2.17 Changes in the Number and Proportion of Private Junior High School Students
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
28 2 Private Education Development at a Glance Since 2003
From 2003 to 2015, the enrollment of private junior high schools showed an
obvious trend of growing from 938,817 to 1,707,300. Similarly, the proportion it
took in all general junior high schools nationwide increased from 4.28 to 12.01%
over the years (Fig. 2.18).
From 2003 to 2015, the number of graduates from private junior high schools
showed an obvious trend of growing from 534,789 to 1,421,784. Similarly, the
proportion it took in all general high schools nationwide increased from 2.68% to
8.08% over the years (Fig. 2.19).
From 2003 to 2015, the number of students in private primary schools showed an
obvious trend of growing from 2,749,341 to 7,138,200. Similarly, the proportion it
took in all primary schools nationwide increased from 2.35% to 7.36% over the
years (Fig. 2.20).
From 2003 to 2015, the enrollment of private primary schools showed an obvious
trend of growing from 474,421 to 1,243,600. Similarly, the proportion it took in all
general primary schools nationwide increased from 2.59% to 7.19% over the years
(Fig. 2.21).
2.6 The Number and Proportion of Students in Private Primary … 29
Fig. 2.18 Changes in the Number and Proportion of New Student Enrollments in Private Junior
High Schools (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
Fig. 2.19 Changes in the Number and Proportion of Graduates from Private Junior High Schools
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
30 2 Private Education Development at a Glance Since 2003
Fig. 2.20 Changes in the Number and Proportion of Students in Private Primary Schools (2003–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC
From 2003 to 2015, the number of graduates from private primary schools showed
an obvious trend of growing from 374,728 to 1,101,053. Similarly, the proportion it
took in all general primary schools nationwide increased from 1.65% to 8.58% over
the years (Fig. 2.22).
Fig. 2.21 Changes in the Number and Proportion of New Student Enrollments in Private Primary
Schools (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and Data
Compiled from Ministry of Education of PRC
took in all kindergartens nationwide increased rapidly to over 50% in 2012 and to
53.99% in 2015 (Fig. 2.23).
From 2003 to 2015, the number of graduates from private kindergartens showed an
obvious trend of growing from 1,784,947 to 7,383,630. Similarly, the proportion it
32 2 Private Education Development at a Glance Since 2003
Fig. 2.22 Changes in the Number and Proportion of Graduates from Private Primary Schools
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
Fig. 2.23 Changes in the Number and Proportion of Students in Private Kindergartens
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
2.7 The Number of Students in Private Kindergartens … 33
Fig. 2.24 Changes in the Number and Proportion of Enrollment of Private Kindergartens
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
took in all kindergartens nationwide increased rapidly from 16.65% to 46.43% over
the years (Fig. 2.25).
In 2014, Jiangsu, Guangdong, Hubei, Shandong, and Henan were the five provinces
with the largest number of private colleges and universities. Table 2.1 shows the
number of private colleges and universities and students in each province/
autonomous region/municipality.
In 2014, Jiangsu, Hubei, Zhejiang, Hebei, and Guangdong were the five provinces
with the largest number in private dependent colleges (25, 24, 22, 17 and 16).
34 2 Private Education Development at a Glance Since 2003
Fig. 2.25 Changes in the Number and Proportion of Graduates from Private Kindergartens
Nationwide (2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and
Data Compiled from Ministry of Education of PRC
Table 2.2 presents the number of private independent colleges and students in each
province/autonomous region/municipality.
In 2014, Henan, Anhui, Zhejiang, Guangdong, and Shanxi were the five provinces
with the largest number of private senior high schools. Table 2.3 demonstrates the
number of private senior high schools and students in each province/autonomous
region/municipality.
In 2014, Hunan, Henan, Sichuan, Hebei, and Jiangxi were the five provinces with
the largest number of private secondary vocational schools. Table 2.4 shows the
number of private secondary vocational schools and students in each province/
autonomous region/municipality.
2.8 Private School Students During Different Periods … 35
In 2014, Guangdong, Henan, Guizhou, Anhui, and Shandong were the five pro-
vinces with the largest number of private junior high schools. Table 2.5 shows the
36 2 Private Education Development at a Glance Since 2003
Table 2.3 Private Senior High Schools and Students by Province/Autonomous Region/Municipality
Province Number of Number % of all private % of all students in
private senior of senior high private senior high
high schools students schools schools
Henan 208 259,589 8.52 10.88
Anhui 181 194,103 7.41 8.13
Zhejiang 162 168,445 6.63 7.06
Guangdong 151 145,429 6.18 6.09
Shanxi 150 161,941 6.14 6.79
Hubei 119 96,215 4.87 4.03
Jiangxi 118 125,039 4.83 5.24
Shandong 101 136,022 4.14 5.70
Jiangsu 100 149,716 4.10 6.27
Hunan 98 93,161 4.01 3.90
Hebei 94 103,305 3.85 4.33
Guizhou 94 75,836 3.85 3.18
Liaoning 93 78,427 3.81 3.29
Shaanxi 92 83,178 3.77 3.49
Sichuan 88 95,366 3.60 4.00
Guangxi 84 78,277 3.44 3.28
(continued)
2.8 Private School Students During Different Periods … 37
Table 2.4 Private Secondary Vocational Schools and Students by Province/Autonomous Region/
Municipality
Province Number of Number % of all private % of all students in
private secondary of secondary private secondary
vocational students vocational vocational schools
schools schools
Hunan 269 161,871 9.42 6.01
Henan 254 285,873 8.89 10.62
Sichuan 247 395,147 8.65 14.68
Hebei 234 149,184 8.19 5.54
Jiangxi 177 145,593 6.20 5.41
Shandong 155 161,692 5.4 6.01
Anhui 147 164,437 5.15 6.11
Shaanxi 145 143,825 5.08 5.34
Guangdong 134 236,270 4.69 8.78
Zhejiang 109 97,928 3.82 3.64
Guangxi 108 115,717 3.78 4.30
Shanxi 107 65,576 3.75 2.44
Liaoning 100 33,838 3.50 1.26
Hubei 91 78,193 3.19 2.90
82 33,795 2.87 1.26
(continued)
38 2 Private Education Development at a Glance Since 2003
Table 2.5 Private Junior High Schools and Students by Province/Autonomous Region/
Municipality
Province Number of Students in % of all % of all students in
private junior private junior private junior private junior high
high schools high schools high schools schools
Guangdong 870 698,193 18.42 14.34
Henan 693 657,040 14.68 13.49
Guizhou 317 141,251 6.71 2.90
Anhui 314 421,141 6.65 8.65
Shandong 268 304,317 5.68 6.25
Zhejiang 228 217,148 4.83 4.46
Hebei 212 275,757 4.49 5.66
Shanxi 204 242,730 4.32 4.98
Hunan 190 260,079 4.02 5.34
Sichuan 184 221,721 3.90 4.55
Jiangsu 167 273,068 3.54 5.61
Jiangxi 161 141,516 3.41 2.91
Guangxi 153 93,253 3.24 1.91
Hubei 114 115,814 2.41 2.38
(continued)
2.8 Private School Students During Different Periods … 39
In 2014, Henan, Guangdong, Hebei, Guizhou, and Anhui were the five provinces
with the largest number of private primary schools. Table 2.6 presents the number
of private primary schools and students in each province/autonomous region/
municipality.
In 2014, Henan, Hunan, Guangdong, Jiangxi, and Sichuang were the five provinces
with the largest number of private kindergartens. Table 2.7 presents the number of
private kindergartens and students in each province/autonomous region/municipality.
40 2 Private Education Development at a Glance Since 2003
In 2014, Guangdong, Sichuang, Shaanxi, Hebei, and Henan were the top five
provinces according to the average private college/university scale. Table 2.8
demonstrates the average private college/university scale in each province/
autonomous region/municipality.
In 2014, Chongqing, Jiangsu, Shandong, Jilin, and Henan were the top five pro-
vinces according to the average private senior high school scale. Table 2.9 shows
the average private senior high school scale in each province/autonomous region/
municipality.
Table 2.9 Average Private Senior High School Scale by Province/Autonomous Region/
Municipality
Province Number of students in Number of private Average private
private senior high schools senior high schools senior high school
scale
Chongqing 34,170 19 1798.42
Jiangsu 149,716 100 1497.16
Shandong 136,022 101 1346.75
Jilin 30,050 23 1306.52
Henan 259,589 208 1248.02
Hebei 103,305 94 1098.99
Sichuan 95,366 88 1083.7
Shanxi 161,941 150 1079.61
Anhui 194,103 181 1072.39
Jiangxi 125,039 118 1059.65
Zhejiang 168,445 162 1039.78
Guangdong 145,429 151 963.11
Hunan 93,161 98 950.62
Guangxi 78,277 84 931.87
Shaanxi 83,178 92 904.11
Fujian 67,456 77 876.05
Liaoning 78,427 93 843.3
Hunan 96,215 119 808.53
Guizhou 75,836 94 806.77
Yunnan 48,128 60 802.13
Ningxia 6341 8 792.63
Hainan 18,121 24 755.04
Heilongjiang 25,153 34 739.79
Gansu 34,874 49 711.71
Xinjiang 16,021 27 593.37
Tianjin 13,408 31 432.52
Inner 13,646 33 413.52
Mongolia
Qinghai 3972 10 397.2
Beijing 16,809 63 266.81
Shanghai 13,589 51 266.45
Tibet 755 0
Source Data compiled from Ministry of Education of PRC
44 2 Private Education Development at a Glance Since 2003
In 2011, Guangdong, Yunnan, Jiangsu, Sichuan, and the Ningxia Hui Autonomous
Region were the top five provinces according to the average private secondary
vocational school scale. Table 2.10 illustrates the average private secondary
vocational school scale in each province/autonomous region/municipality.
In 2014, Ningxia Hui Autonomous Region, Fujian, Tianjin, Jilin, and Liaoning
were the top five provinces according to the average private junior high school
scale. The average private junior high school scale in each province/autonomous
region/municipality can be seen in Table 2.11.
Table 2.11 Average Private Junior High School Scale by Province/Autonomous Region/
Municipality
Province Number of students in Number of private Average private junior
private junior high schools junior high schools high school scale
Ningxia 4416 5 2597.8
Fujian 47,681 63 2293.65
Tianjin 7292 11 2072.18
Jilin 24,390 37 1950.81
Liaoning 21,110 36 1658
Jiangsu 90,663 167 1635.14
Shaanxi 44,428 97 1385.95
Hunan 90,862 190 1368.84
Anhui 140,792 314 1341.21
Chongqing 30,043 64 1321.44
Hebei 101,890 212 1300.74
Beijing 8929 21 1242.19
Sichuan 76,290 184 1205.01
Shanxi 76,656 204 1189.85
Shandong 101,585 268 1135.51
Shanghai 15,088 56 1085.29
Hubei 39,798 114 1015.91
Heilongjiang 11,188 38 1015.24
Zhejiang 79,465 228 952.4
Henan 230,976 693 948.11
Qinghai 204 1 899
Jiangxi 49,884 161 878.98
Guangdong 253,908 870 802.52
Gansu 4872 19 802.21
Inner 11,211 39 794.38
Mongolia
Yunnan 23,042 82 766.7
Xinjiang 3100 15 686.53
Guangxi 32,916 153 609.5
Guizhou 44,633 317 445.59
Hainan 9973 83 358.93
Tibet 92 2 154.5
Source Data compiled from Ministry of Education of PRC
46 2 Private Education Development at a Glance Since 2003
In 2014, Guangdong, Jilin, Jiangxi, Zhejiang, and Jiangsu were the top five provinces
according to the average private primary school scale. Table 2.12 is the average
private primary school scale in each province/autonomous region/municipality.
In 2014, Jiangsu, Xizang, Shanghai, Beijing, and Anhui were the top five provinces
according to the average private kindergarten scale. Table 2.13 is the average
private kindergarten scale in each province/autonomous region/municipality.
During the years from 2003 to 2015, the number of full-time teachers in private
colleges/universities generally showed a gradual increasing trend, and then
decreased slightly from 2003 to 2004, then grew gently until 2007, and the growth
trend took a drastic change from 2008 to 2015. It exceeded 200,000 for the first
time, in 2008 with the number up to 202,562 and 304,817 in 2015. The proportion
of full-time teachers in private colleges/universities accounting for the total number
of full-time college teachers nationwide fluctuated, showing a slight decline from
2003 to 2004, a steady upward growth till 2007, 2008 witnessed a breakthrough,
and then a slower rise till 2015, up to 19.42%. The changes in the number of faculty
are similar to that of the full-time teachers (Fig. 2.26).
Fig. 2.26 Faculty and Full-Time Teachers in Private Colleges/Universities Nationwide (2003–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC
2.10 Changes in the Number of Teachers in Private … 49
From 2004 to 2015, the number of full-time teachers in private independent col-
leges, the proportion of full-time teachers in private independent colleges
accounting for all full-time independent college teachers nationwide, and the
number of faculty in private independent colleges showed the same trend of an
increase first, and then a decrease. All three soared to the summit in 2012, and then
began to drop year by year. In 2015, there were 132,100 full-time teachers and
176,700 faculties in private independent colleges. Meanwhile, the proportion it took
in total full-time teachers stayed at 8.41% (Fig. 2.27).
From 2003 to 2015, the number of full-time teachers in private senior high schools,
the proportion of full-time teachers accounting for all full-time senior high school
teachers nationwide, and the number of faculty have all shown a trend of fluctua-
tion. During the period, the number of full-time teachers showed a gradual increase,
from 201,421 in 2003 to 452,249 in 2011; simultaneously, the proportion increased
from 18.81% to 29.05%; and the number of faculty increased from 291,604 to
606,071. From 2011 to 2012, the three indexes fell sharply to 234,048, 14.67% and
Fig. 2.27 Faculty and Full-Time Teachers in Private Independent Colleges Nationwide (2004–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC
50 2 Private Education Development at a Glance Since 2003
321,834, respectively. However, the proportion started to rise slowly in 2012 and
began to fall sharply from 2014 to 2015 (Fig. 2.28).
The faculty and full-time teachers in private secondary vocational schools
increased first and then decreased. From 2003 to 2015, the number of full-time
teachers in private secondary vocational schools, the proportion of full-time
teachers accounting for all full-time secondary vocational school teachers nation-
wide, and the number of faculty have shown a trend of increasing first and then
decreasing. During the period, the number of full-time teachers grew from 36,585 in
2003 to 107,355 in 2009; simultaneously, the proportion rose from 5.13% to
12.36%; and the number of faculty also increased from 62,779 to 171,356. All three
indexes have been falling since 2009 (Fig. 2.29).
The faculty and full-time teachers in private primary schools showed wavelike
changes. From 2003 to 2015, the number of full-time teachers in private primary
schools, the proportion of full-time teachers accounting for all full-time primary
school teachers nationwide, and the number of faculty have shown a trend of
increasing first and then decreasing, and later increasing gradually. The period from
2003 to 2010 was on a smooth growth stage, among which the number of full-time
teachers reached 229,480, the proportion it took was up to 4.09%, and the number
of faculty peaked to 313,927. The years from 2010 to 2015 saw a sharp decline and
began to rise gradually, among which 2014–2015 saw a rapid rise. In 2015, the
full-time teachers in private primary schools mounted to 352,122, which accounted
for 6.19% of total primary school teachers nationwide (Fig. 2.30).
Fig. 2.28 Faculty and Full-Time Teachers in Private Senior High Schools Nationwide (2003–
2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from
Ministry of Education of PRC
2.10 Changes in the Number of Teachers in Private … 51
Fig. 2.29 Faculty and Full-Time Teachers in Private Secondary Vocational Schools Nationwide
(2003–2015). Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled
from Ministry of Education of PRC
Fig. 2.30 Faculty and Full-Time Teachers in Private Primary Schools Nationwide (2003–2015).
Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from Ministry
of Education of PRC
52 2 Private Education Development at a Glance Since 2003
The faculty and full-time teachers in private kindergartens increased each year.
From 2003 to 2015, the number of full-time teachers in private kindergartens and
the number of faculty increased significantly, among which full-time teachers grew
from 228,971 to 1,271,211, and faculty from 383,942 to 2,308,510.
Simultaneously, the proportion of full-time teachers in private kindergartens
accounting for all full-time kindergarten teachers nationwide showed a steady
increase, increasing from 37.33% to 62.01%, followed by a slight fluctuation
(Fig. 2.31).
In 2014, Inner Mongolia, Jiangsu, Guangdong, Hainan, and Zhejiang were the top
five provinces according to student–teacher ratio in private colleges/universities.
Figure 2.32 shows the number of faculty, full-time teachers, and student–teacher
ratio in each province/autonomous region/municipality.
Fig. 2.31 Faculty and Full-Time Teachers in Private Kindergartens Nationwide (2003–2015).
Source Educational Statistics Yearbook of China (2003–2015), and Data Compiled from Ministry
of Education of PRC
2.10 Changes in the Number of Teachers in Private … 53
Fig. 2.32 Number of Faculty and Full-Time Teachers and Student–Teacher Ratio in Private
Colleges/Universities by Province/Autonomous Region/Municipality. Source Data compiled from
Ministry of Education of PRC
In 2014, Gansu, Liaoning, Ningxia, Qinghai, and Henan were the top five provinces
according to student–teacher ratio in private senior high schools. Figure 2.33 shows
the number of faculty, full-time teachers, and student–teacher ratio in each
province/autonomous region/municipality.
In 2014, Ningxia, Qinghai, Tianjin, Chongqing, and Liaoning were the top five
provinces according to student–teacher ratio in private junior high schools.
Figure 2.34 presents the number of faculty, full-time teachers, and student–teacher
ratio in each province/autonomous region/municipality.
In 2014, Jiangxi, Guangdong, Gansu, Xinjiang, and Tianjin were the top five
provinces according to student–teacher ratio in private primary schools. Figure 2.35
presents the number of faculty, full-time teachers, and student–teacher ratio in each
province/autonomous region/municipality.
54 2 Private Education Development at a Glance Since 2003
Fig. 2.33 Number of Faculty and Full-Time Teachers and Student–Teacher Ratio in Private
Senior High Schools by Province/Autonomous Region/Municipality. Source Data compiled from
Ministry of Education of PRC
Fig. 2.34 Number of Faculty and Full-Time Teachers and Student–Teacher Ratio in Private
Junior High Schools by Province/Autonomous Region/Municipality. Source Data compiled from
Ministry of Education of PRC
In 2014, Xizang, Anhui, Qinghai, Gansu, and Henan were the top five provinces
according to student–teacher ratio in private kindergartens. Figure 2.36 presents the
number of faculty, full-time teachers, and student–teacher ratio in each province/
autonomous region/municipality.
2.11 Changes in the Amount of Educational Finance … 55
Fig. 2.35 Number of Faculty and Full-Time Teachers and Student–Teacher Ratio in Private
Primary Schools by Province/Autonomous Region/Municipality. Source Data compiled from
Ministry of Education of PRC
Fig. 2.36 Number of Faculty and Full-Time Teachers and Student–Teacher Ratio in Private
Kindergartens by Province/Autonomous Region/Municipality. Source Data compiled from
Ministry of Education of PRC
From 2007 to 2013, China’s private educational finance mainly consisted of two
parts: income and expenditure. The educational income includes six statistical
indicators, which are public budget on educational finance, taxes levied for edu-
cation by governments at all levels, investments of school organizers, tuition and
56 2 Private Education Development at a Glance Since 2003
fees, donation incomes, and profits from school-run industries spent on education,
etc. The educational expenditure mainly included two statistical indicators, they are
public expenditure and capital construction expenditure.
From 2007 to 2013, the total educational income and expenditure in private
colleges/universities (colleges, universities and private higher vocational schools)
increased year by year, among which the total income increased from 341.09 billion
yuan to 779.38 billion yuan and the total expenditure from 319.79 billion yuan to
760.42 billion yuan. The proportation of the overall income of the private higher
education’s educational fund in national higher education’s educational overall fund
was up to 11.00% in 2009, compared with 9.77% in 2013 (Fig. 2.37).
According to the annual variation on statistical indicators of total income from
private higher education over the years, the educational income mainly relies on
tuition and fees, public budget on educational finance, and investments of school
organizers, among which tuition and fees are the main source of income.
Specifically speaking,
First, public budget on educational finance was increasing year by year, from 8.24
billion RMB in 2007 to 67.34 billion RMB in 2013.
Second, taxes levied for education by governments showed a trend of increase,
followed by a decrease, from 0.38 billion RMB in 2007 to 10.37 billion RMB in
2013, and then reduced to 4.88 billion RMB in 2013.
Fig. 2.37 Educational Income and Expenditure in Private Colleges/Universities (billion) (2007–
2013). Source Data Compiled from China Educational Finance Statistical Yearbook (2008–2014)
2.11 Changes in the Amount of Educational Finance … 57
Third, tuition and fees were rising year by year, from 272.05 billion RMB in 2007
to 614.11 billion RMB in 2013.
Fourth, investments of school organizers were fluctuating, increasing from 31.88
billion RMB in 2007 to 34.03 billion RMB in 2013.
Fifth, from 2007 to 2012, the donation income took a slight change, increasing from
1.24 billion RMB to 1.26 billion RMB, and soared to 3.42 billion RMB in 2013.
Sixth, the total educational expenditure of private colleges/universities showed a
trend of increasing year by year, from 319.79 billion RMB in 2007 to 760.42 billion
RMB in 2013. According to the annual variation on statistical indicators of
expenditure on private higher education, public expenditure is the most educational
expenditure.
Seventh, public expenditure increased year by year, from 289.64 billion RMB in
2007 to 754.44 billion RMB in 2013.
Eighth, capital construction expenditure had a fluctuation from 2007 to 2013,
among which there was a trend of sharply decline from 2010 to 2013, when it
reduced to 5.97 billion RMB.
From 2007 to 2013, the total educational income and expenditure in private sec-
ondary vocational schools showed a trend of increasing first, followed by a trend of
decreasing. During the period, the total income increased from 62.93 billion RMB
in 2007 to 101.24 billion RMB in 2011, with a decline to 94.48 billion RMB in
2013; the total expenditure increased from 66.67 billion RMB in 2007 to 103.25
billion RMB in 2011, with a decline to 94.96 billion RMB in 2013. The proportion
of the total income from private secondary vocational schools accounting for that
from secondary vocational education nationwide grew from 7.39% in 2007 to
8.40% in 2009, followed by a gradual decrease, with a reduction to 4.73% in 2013
(Fig. 2.38).
According to the annual variation on statistical indicators of total income from
private secondary vocational education over the years, the educational income
mainly relies on tuition and fees, public budget on educational finance, and
investments of school organizers, among which tuition and fees are the main source
of income. Specifically speaking, first, public budget on educational finance was
increasing year by year, from 6.62 billion RMB in 2007 to 31.74 billion RMB in
2013. Second, taxes levied for education by governments showed a trend of
increase, from 0.14 billion RMB in 2007 to 2.11 billion RMB in 2013. Third,
tuition and fees were fluctuating over the years, which were 39.94 billion RMB in
2007 and 38.84 billion RMB in 2013. Fourth, investments of school organizers
varied significantly, increasing from 7.36 billion RMB in 2007 to 12.90 billion
58 2 Private Education Development at a Glance Since 2003
Fig. 2.38 Educational Income and Expenditure in Private Secondary Vocational Schools (billion)
(2007–2013). Source Data Compiled from China Educational Finance Statistical Yearbook (2008–
2014)
RMB in 2010, followed by a decrease to 8.88 billion RMB in 2013. Fifth, the
donation income took a slight change, which were 0.29 billion RMB in 2007 and
0.22 billion RMB in 2013. Sixth, profits from school-run industries spent on
education showed a relatively stable trend, with a decrease from 0.59 billion RMB
in 2007 to 0.32 billion RMB in 2013.
The total educational expenditure of private secondary vocational schools went
up first, followed by going down during the years from 2007 to 2013. There is an
increase from 66.67 billion RMB in 2007 to 103.25 billion RMB in 2011 and a
decline to 94.96 billion RMB in 2013. According to the annual variation on sta-
tistical indicators of expenditure on private secondary vocational education, public
expenditure costs the most educational expenditure. First, public expenditure
showed an upward trend first, followed by a downward trend. There is an increase
from 64.07 billion RMB in 2007 to 100.28 billion RMB in 2010 and a decline to
94.29 billion RMB in 2013, among which the personal expenditure rose from 26.81
billion RMB in 2007 to 50.43 billion RMB in 2013. Second, capital construction
expenditure went down slowly year by year, decreasing from 2.59 billion RMB in
2007 to 0.66 billion RMB in 2013.
The total income of private senior high schools increased from 108.73 billion RMB
in 2007 to 246.79 billion RMB in 2013. The proportation of the overall income of
the private senior high school’s educational fund in national senior high school’s
educational overall fund showed an upward trend first, and a downward trend later.
2.11 Changes in the Amount of Educational Finance … 59
The number grew from 7.80% in 2007 to 8.64% in 2008, and then descended
dramatically, with a reduction to 2.94% in 2013 (Fig. 2.39).
According to the annual variation on statistical indicators of total income from
private senior high schools over the years, the educational income mainly relies on
tuition and fees, public budget on educational finance, and investments of school
organizers, among which tuition and fees are the main source of income.
Specifically speaking, first of all, public budget on educational finance kept
growing steadily over the years, increasing from 2.89 billion RMB in 2007 to 14.12
billion RMB in 2013. Second, taxes levied for education by governments had a
slight change, from 0.33 billion RMB in 2007 to 3.34 billion RMB in 2013. Third,
tuition and fees continued to grow from 68.57 billion RMB in 2007 and 171.79
billion RMB in 2013. Fourth, investment of school organizers varied significantly,
decreasing from 15.63 billion RMB in 2007 to 12.02 billion RMB in 2013. Fifth,
the donation income varied significantly, which were 2.36 billion RMB in 2007 and
1.98 billion RMB in 2013.
The total educational expenditure of private senior high schools was trending up
during the years from 2007 to 2013, with an increase from 108.09 billion RMB to
183.45 billion RMB. According to the annual variation on statistical indicators of
expenditure on private senior high education, public expenditure costs most of the
educational expenditure. First, public expenditure showed an upward trend,
increasing from 102.85 billion RMB in 2007 to 183.45 billion RMB in 2013,
among which the personal expenditure rose from 47.51 billion RMB in 2007 to
95.50 billion RMB in 2013, and the public expenditure from 55.34 billion RMB in
2007 to 87.89 billion RMB in 2013. Second, capital construction expenditure
trended down, decreasing from 5.23 billion RMB in 2007 to 0.059 billion RMB in
2013.
Fig. 2.39 Educational Income and Expenditure in Private Senior High Schools (billion) (2007–
2013). Source Data Compiled from China Educational Finance Statistical Yearbook (2008–2014)
60 2 Private Education Development at a Glance Since 2003
From 2007 to 2013, the total educational income and expenditure in private sec-
ondary vocational schools continued to grow, among which the total income
increased from 139.05 billion RMB to 251.38 billion RMB, and the total expen-
diture from 137.13 billion RMB to 293.03 billion RMB. The proportion of the total
income from private junior high schools accounting for that from junior high
education nationwide was trending down year by year, with a decrease from 6.77%
in 2007 to 4.87% in 2013 (Fig. 2.40).
According to the annual variation on statistical indicators of total income from
private junior high schools, the educational income mainly relies on tuition and
fees, public budget on educational finance, and investments of school organizers,
among which tuition and fees are the main source of income. First, public budget on
educational finance kept growing steadily over the years, increasing from 6.51
billion RMB in 2007 to 32.84 billion RMB in 2013. Second, taxes levied for
education by governments had a gradual growth, from 0.49 billion RMB in 2007 to
3.21 billion RMB in 2013. Third, tuition and fees continued to grow from 88.12
billion RMB in 2007 and 144.56 billion RMB in 2013. Fourth, investments of
school organizers were trending up, increasing from 12.50 billion RMB in 2007 to
23.70 billion RMB in 2013. Fifth, the donation income showed a trend of growing
first, followed by a declining later, which were 2.21 billion RMB in 2007 and 3.50
billion RMB in 2013. Sixth, profits from school-run industries spent on education
showed a relatively stable trend, which were 0.58 billion RMB in 2007 and 0.35
billion RMB in 2013.
Fig. 2.40 Educational Income and Expenditure in Private Junior High Schools (billion) (2007–
2013). Source Data Compiled from China Educational Finance Statistical Yearbook (2008–2014)
2.11 Changes in the Amount of Educational Finance … 61
From 2007 to 2013, the total educational income and expenditure in private sec-
ondary vocational schools continued to go up, among which the total income
increased from 97.67 billion RMB to 280.94 billion RMB, and the total expenditure
from 94.90 billion RMB to 292.85 billion RMB. The proportation of the overall
income of the private primary school’s educational fund in national primary
school’s educational overall fund was fluctuating slightly, which is 3.31% in 2007,
and 3.53% in 2013 (Fig. 2.41).
According to the annual variation on statistical indicators of total income from
private primary schools, the educational income mainly relies on tuition and fees,
public budget on educational finance, and investments of school organizers, among
which tuition and fees are the main source of income. Specifically, First, public
Fig. 2.41 Educational Income and Expenditure in Private Primary Schools (billion) (2007–2013).
Source Data Compiled from China Educational Finance Statistical Yearbook (2008–2014)
62 2 Private Education Development at a Glance Since 2003
budget on educational finance kept growing year by year, increasing from 3.84
billion RMB in 2007 to 38.34 billion RMB in 2013. Second, taxes levied for
education by governments had a gradual growth, from 0.37 billion RMB in 2007 to
8.82 billion RMB in 2013. Third, tuition and fees continued to grow from 62.65
billion RMB in 2007 and 156.77 billion RMB in 2013. Fourth, investments of
school organizers took significant changes, increasing from 13.49 billion RMB in
2007 to 28.74 billion RMB in 2013. Fifth, the donation income had slight changes,
growing from 0.72 billion RMB in 2007 to 1.72 billion RMB in 2013, with an
average of 0.50 billion RMB.
The number grew first and declined later, which were 2.21 billion RMB in 2007
and 3.50 billion RMB in 2013. Sixth, profits from school-run industries spent on
education were trending up, growing from 0.26 billion RMB in 2007 and 0.89
billion RMB in 2013.
The total educational expenditure of private primary schools showed an upward
trend from 2007 to 2013, with an increase from 97.67 billion RMB to 292.85
billion RMB. According to the statistical indicators of private primary educa-
tion’s total expenditure, public expenditure cost most of the educational expendi-
ture. First, public expenditure increased steadily, from 93.96 billion RMB in 2007
to 292.44 billion RMB in 2013, among which the personal expenditure rose from
43.14 billion RMB in 2007 to 153.49 billion RMB in 2013, and the public
expenditure from 50.83 billion RMB in 2007 to 138.95 billion RMB in 2013.
Second, capital construction expenditure showed a downward trend, decreasing
from 0.97 billion RMB in 2007 to 0.41 billion RMB in 2013.
From 2007 to 2013, the total investment of private school organizers showed a
stable fluctuation, among which it went down slowly from 2007 to 2008, when it
started to grow gradually year by year, reaching 147.41 billion RMB in 2013.
Between 2007 and 2011, the proportion of investments of private school organizers
accounting for the total educational income nationwide is not high, which are
0.68%, 0.49%, 0.46%, 0.55%, 0.54% successively, and 0.49% in 2013 (Fig. 2.42).
Specifically, the investment of private school organizers varied significantly in
each province/autonomous region/municipality (2007–2013). In sequence,
Guangdong, Henan, Sichuan, Fujian, Anhui, Hunan, Hubei, Jiangxi, Shandong, and
Shaanxi are the top ten provinces with the largest amount of investment (Fig. 2.43).
2.12 Assets of Private Schools 63
Fig. 2.42 Investments of Private School Organizers and Proportion It Takes in Total Educational
Income Nationwide (billion) (2007–2013). Source Data Compiled from China Educational
Finance Statistical Yearbook (2008–2014)
The assets of private schools mainly included school area, school building area, the
total value of fixed assets, assets value of teaching and research equipment, housing
area for teaching, research and auxiliary use.
64 2 Private Education Development at a Glance Since 2003
In 2014, the total school building area of private senior high schools nationwide
was 71,131,953 m2, housing area for teaching, research, and auxiliary use was
24,563,237 m2, covering 140,966,858 m2, the fixed assets valued 107,953,180,900
RMB, and the assets of teaching and research equipment valued 9,137,345,200
RMB. Besides, Beijing, Shanghai, Guangdong, Fujian, and Inner Mongolia ranked
top five with the largest school area per student (Table 2.16).
2.12 Assets of Private Schools 65
Table 2.15 Proportion of Assets with Property rights Accounting for the Total Private Colleges/
Universities Assets in Each Province/Autonomous Region/Municipality (%) (2014)
Province % of % of % of housing area % of assets value % of fixed
school school (for teaching, of teaching and assets
area with building research and research value
property area with auxiliary use) with equipment with with
rights property property rights property rights property
rights rights
Beijing 48.92 65.68 65.59 99.40 90.93
Tianjin 73.32 64.99 63.22 89.50 83.05
Hebei 81.99 88.11 91.82 97.52 90.24
Shanxi 51.01 42.34 44.82 77.10 71.70
Inner 77.48 52.19 50.15 100.00 100.00
Mongolia
Liaoning 64.16 52.93 57.41 92.31 64.99
Jilin 56.42 58.20 60.87 100.00 93.17
Heilongjiang 90.01 82.62 84.51 100.00 98.86
Shanghai 65.91 46.61 64.20 98.51 75.07
Jiangsu 49.22 29.29 32.58 94.33 77.56
Zhejiang 73.89 54.05 55.64 98.93 85.32
Anhui 82.80 77.82 84.91 96.34 89.04
Fujian 40.67 37.84 40.41 82.86 87.11
Jiangxi 67.21 59.62 60.91 91.79 83.01
Shandong 68.67 59.31 57.91 96.29 82.38
Henan 87.02 89.63 91.92 100.00 94.99
Hubei 58.48 58.74 59.18 75.50 71.93
Hunan 65.41 55.13 55.51 84.95 75.42
Guangdong 42.78 29.88 34.22 98.47 59.12
Guangxi 55.04 38.26 37.37 85.71 86.41
Hainan 64.32 52.05 56.86 100.00 92.04
Chongqing 80.13 74.43 77.30 97.76 89.17
Sichuan 61.75 52.45 55.57 95.34 72.24
Guizhou 64.37 75.54 75.52 81.90 77.85
Yunnan 56.10 36.41 42.66 53.79 82.68
Shaanxi 33.83 45.07 43.19 98.05 94.29
Gansu 62.08 53.31 45.63 96.11 96.42
Qinghai 80.26 80.35 81.27 99.59 81.73
Ningxia 97.25 95.02 93.02 98.59 99.77
Xinjiang 72.07 72.17 70.77 59.52 68.32
Source Data compiled from Ministry of Education of PRC
2.12 Assets of Private Schools 67
Table 2.16 Assets of Private Senior High Schools in Each Province/Autonomous Region/
Municipality (2014)
Province School School Housing area for Fixed assets
area per building area teaching, research and value per
student per student auxiliary use per student student (10
(m2) (m2) (m2) thousand)
Beijing 170.87 94.47 31.98 14.23
Shanghai 122.40 86.68 35.43 11.24
Guangdong 99.61 56.27 20.05 11.07
Fujian 82.95 43.28 15.64 6.63
Inner 82.21 32.05 10.85 3.54
Mongolia
Yunnan 82.12 31.00 10.55 5.50
Hainan 81.82 38.54 11.65 6.20
Xinjiang 80.76 28.96 9.98 3.08
Hunan 69.92 36.15 14.78 4.76
Ningxia 66.30 20.47 8.17 3.07
Tianjin 66.30 40.12 13.57 4.95
Sichuan 65.32 40.36 12.88 7.28
Hubei 61.10 25.90 8.26 4.65
Hebei 59.34 23.36 8.12 2.50
Anhui 59.30 28.35 8.71 3.91
Shandong 58.74 24.76 7.97 3.19
Zhejiang 55.86 31.37 10.70 5.19
Jiangsu 55.26 29.68 12.08 5.38
Jiangxi 52.34 23.99 7.68 3.22
Shanxi 48.84 22.90 7.39 2.99
Henan 45.67 23.04 7.88 2.50
Liaoning 45.41 23.31 8.47 3.70
Guangxi 45.32 21.93 7.52 2.40
Chongqing 44.42 28.53 8.66 3.84
Guizhou 44.03 22.82 6.72 4.41
Shanxi 43.43 25.15 8.73 3.91
Jilin 41.40 23.08 9.32 3.10
Gansu 35.00 15.10 5.50 3.14
Heilongjiang 32.23 19.09 8.19 2.08
Qinghai 22.79 13.43 5.85 2.51
Source Data compiled from Ministry of Education of PRC
68 2 Private Education Development at a Glance Since 2003
In 2014, the total school building area of private junior high schools nationwide was
57,998,742 m2, housing area for teaching, research and auxiliary use was
23,059,093 m2, covering 118,055,430 m2, the fixed assets valued 79,295,349,400
RMB, and the assets of teaching and research equipment valued 7,899,329,400
RMB. Besides, Hainan, Qinghai, Shandong, Guangdong, and Henan ranked top
five with the largest school area per student (Table 2.17).
In 2014, the total school building area of private primary schools nationwide was
28,565,696 m2, housing area for teaching, research, and auxiliary use was
12,849,509 m2, covering 60,173,621 m2, the fixed assets valued 36,591,701,600
RMB, and the assets of teaching and research equipment valued 3,921,774,300
RMB. Besides, Qinghai, Chongqing, Ningxia, Hebei, and Shaanxi ranked top five
with the largest school area per student (Table 2.18).
In 2014, the total school area of private kindergartens nationwide was 207,963,873
m2, among which the school building area covered 128,816,058 m2, and housing
area for teaching, research, and auxiliary use was 92,720,592 m2. Besides, Qinghai,
Beijing, Inner Mongolia, Shandong, and Ningxia ranked top five with the largest
school area per student (Table 2.19).
To sum up, private education in China has gone through two stages since 2003.
First, 2003 to 2006 was on a stage of rapid growth. When people need public
education urgently, and public education could not meet people’s need, private
education could be the supplement. The non-government investors took unprece-
dented initiatives to organize private education and set up private schools at all
levels, based on the favorable provisions of People’s Republic of China Private
Education Law that it is permitted to obtain a reasonable return by organizing
private education and a serious of preferential policies. Therefore, private schools
expanded rapidly in terms of scale, number of students and investments. Second,
2006–2014 was on a stage of steady development. On the one hand, the effect that
the favorable provisions of People’s Republic of China Private Education Law was
decreasing slowly, and the relevant preferential and supportive policies were not
effectively implemented. On the other hand, the public financial investment in
2.12 Assets of Private Schools 69
Table 2.17 Assets of Private Junior High Schools in Each Province/Autonomous Region/
Municipality (2014)
Province School School Housing area for Fixed assets Assets value of
area per building teaching, research value per teaching and
student area per and auxiliary use student research
(m2) student per student (m2) (10 thousand) equipment per
(m2) student
(10 thousand)
Hainan 36.84 18.87 6.72 2.46 0.26
Qinghai 33.34 10.48 2.76 1.52 0.00
Shandong 33.20 13.99 4.95 1.72 0.16
Guangdong 30.87 17.38 8.33 2.52 0.34
Henan 29.44 14.05 4.82 1.69 0.12
Jiangxi 27.77 12.12 4.43 1.49 0.13
Hebei 26.55 10.04 3.62 1.14 0.10
Zhejiang 26.27 15.13 5.94 1.99 0.22
Jiangsu 26.04 13.37 5.78 1.93 0.18
Inner 24.65 7.96 3.59 1.19 0.06
Mongolia
Hubei 24.58 11.68 4.39 1.72 0.17
Guangxi 21.87 9.60 3.83 0.85 0.08
Ningxia 20.80 5.18 3.26 0.58 0.05
Guizhou 20.49 9.83 3.98 1.66 0.14
Hunan 20.37 10.66 4.04 1.68 0.14
Shanxi 19.62 9.27 3.06 1.33 0.08
Heilongjiang 19.58 7.81 3.12 1.48 0.09
Shaanxi 19.29 8.06 2.80 1.22 0.13
Anhui 18.94 8.21 3.05 1.27 0.09
Sichuan 18.50 10.45 4.32 1.63 0.20
Shanghai 16.79 11.37 4.91 1.11 0.27
Beijing 15.94 6.02 2.72 0.79 0.07
Xizang 14.17 12.62 6.67 0.61 0.05
Xinjiang 13.99 6.21 3.06 0.40 0.11
Jilin 13.90 8.55 3.92 0.69 0.09
Chongqing 13.53 7.25 2.80 1.39 0.11
Gansu 13.41 7.97 2.73 1.05 0.15
Liaoning 13.21 6.97 2.87 0.87 0.09
Fujian 12.79 6.80 2.62 0.99 0.09
Yunnan 12.46 7.43 3.22 0.76 0.08
Tianjin 8.92 5.16 2.04 0.89 0.04
Source Data compiled from Ministry of Education of PRC
70 2 Private Education Development at a Glance Since 2003
legal interest by adhering to the educational feelings with the school for life or for
death. It brings more power to Chinese private education, and promotes private
education development sustainably.
Historically, most of the first generation of private school organizers are entre-
preneurs who possess certain amount of social capital or the social elites who own
educational feelings. Under the influence of entrepreneurial economy logic, it is
hard for those organizers to differentiate school organization and business organi-
zation. They manage the private schools by business idea. Thus, a great amount of
large-scale and high management efficient private school was born. Economic logic
and enterprise management have become the most distinguishing features of private
education in the early development stage. Although organizers run schools with full
enthusiasm, they are always unable to do what they hope to do and cannot abide to
educational basic law strictly.
Traditional school-running logic meets the need of laying foundation and
striving for survival at the early stage, and promotes the development of private
education enterprise. However, private education has stepped into a smooth
development stage (since 2006) from the rapid development stage (2003–2006).
With incensement of governmental investment and the fierce competition from
public schools, private education’s deep ambivalence is more and more intensified,
the latent problems of private education are emerging, for example, the external
economic logic and enterprise management reached the ceiling. Private education
has no choice but for the scientific development. In order to explore the lasting
development approach, many organizers change the external logic dominated
school-running idea, and they emphasize on the education law to run schools base
on the strategic needs and private education’s unique development mechanism of
Chinese education development. By doing this, school-running can abide by the
law and school’s interior development rule.
Chinese private education has been in the position of in short supply, which makes
most private schools to build their capacity by expanding enrollment, optimizing
facilities, increasing programs, etc. School’s location, size, and facilities are the key
indexes of private school’s schooling capability. Private schools attract a lot of
74 2 Private Education Development at a Glance Since 2003
parents who have a fat salary and have no time spending on children’s education.
Many parents evaluate private schools’ schooling quality by some soft power
indexes. However, the contradiction between parents’ high-expectation and private
schools’ low overall quality becomes apparent after the accomplishment of
large-scale construction. The gap between software and hardware damages private
schools social image.
With the sharp increment of public school’s investment, the decrement of the
source of student caused by one-child policy, and the emerging of multiple
school-running models like Sino-foreign cooperation in education, private educa-
tion’s space of development and benefit structure have changed dramatically. Even
private schools facing great social pressure, the multiple interest appeal or the
sustainable development of private education, those factors push for the private
education reform. A number of private schools are changing the crisis conscious-
ness into down-to-the-earth actions. Private education pays more attention to meet
the need of teachers and students’ development, optimize internal governance
effectiveness, and improve teaching quality. Private education transits from
extensive quantitative oriented model to qualitative oriented intensive model by
employing experts, reinforcing research investment, making magnet school. Instead
of the homogeneous “large and all-inclusive” schooling model, the specialized
“proper and high-quality” model is welcomed. Private education pursues
high-quality rather than survival.
problems about the ultimate reversion of private school’s property. Therefore, the
“control of organization” for the sake of enforcing private school’s right came into
being vigorously (Zhou and Shi 2005).
From the lens of private education, a number of underlying problems continue to
spring up. The following three questions are the issues of intensive debate and
private school’s major concern and core requirement. First of all, should “educa-
tional” or “noneducational” be classified separately inside of for-profit or non-profit
legal entity? Second, what is the main basis of refining various kinds of legal
person? Third, how to follow up the registration system?
Some scholars have argued that the publicity of public finance which determines the
government whose main responsibility is to satisfy the society’s public demand
should provide financial support of private schools (Gong 2012). It is government’s
fundamental duty to provide private education a reasonable support from the per-
spectives of academic analysis and the practical need. However, both the central
and local governments did something to support private education. Chinese gov-
ernment issued some supportive private education policies one after another. For
example, the referential tax policies polite project achieved remarkable effective-
ness, government expanded private school’s subsidy, government innovated pur-
chase service mode, and launched students’ loan policies comprehensively.
Subsequently, Chinese government implemented a series of public financial sup-
port policies. It manifested that government took responsibility to private educa-
tion, and it also indicated that government gave consideration to private education’s
unique role from the perspective of national education development.
In fact, government’s support to private education remains poor, non-profit
private schools cannot enjoy the benefit which equals to public schools. For
instance, private school’s capital shortage can not be fundamentally alleviated.
Besides, the orientations of private education support policies are different from
each other in different areas because of the regional differences of social, economic,
and educational developmental level. It is obvious that the private schools’ financial
support in eastern developed regions is much more than the financial support in the
areas of western and central China. Undoubtedly, tuition-dependent and lacking of
funding are the main characteristics of Chinese private schools’ expenditure
structure. Above all, affected by the decrement of the overall scale of private
school’s enrollment in recent years, the growth of private schools’ overall revenue
slowed down. In consequence, expanding private school’s funding sources repre-
sents the general trend in the context of the shortage of school funding.
76 2 Private Education Development at a Glance Since 2003
With the steady development of private education, the introduction and polite
implementation of private education classified management policies, teacher and
student’s legal interest in private schools attracts increasingly attention, teacher and
student’s status, welfare, basic right, and growth potential are protected to a certain
extent. In the existing period, public financial support policies target at student
including student subsidy, scholarship, grant, and loan, and those student’s financial
supports develop in a good situation. Local government issues private education
subsidy regulations to guarantee student’s funding. Local government encourag-
ing and supportive measures focus on non-profit private schools, such as making
private school teacher’s pay rate, exploring stable talent introduction mechanism,
establishing more complete staff social insurance payment scheme, etc.
In the process of implementation, student funding policies show deficiency in
the aspect of abiding by the public welfare, equity, and operation law of public
finance. Students in non-profit private schools cannot enjoy the same national
funding treatment with public school’s students. Private school students will suffer
the direct discrimination and the non-direct discrimination when they want to get a
job or start a business. The rather low social recognition has negative impact on the
enrollment of private school, and thus, an irreversible vicious cycle is formed. From
the perspectives of existing policies and the practice, the insufficient protection of
private school’s teacher and student’s rights and interests, insufficient implemen-
tation and the inappropriate speed-up of the relevant policies, and incomplete of
supporting system are all the radical problems. It is still hard to satisfy private
school teachers and students’ demand for subsistence and development.
From the field research in recent years, private school’s legal governance structural
construction has gained consistent attraction of different stakeholders. In the aspect
of external governance, the process of managing the school process according to
law goes forward faster and faster, and government plays the role of external
supervisor. Government makes the private school to abide by the educational
management basic laws, and abide by the market economy’s laws and regulations
in order to guarantee private education’s development dynamics and reform
impetus. In the aspect of internal governance, the determination to seek governance
mode reform of private schools, especially private higher education institutions,
2.13 The Periodical Characteristics of Private Education Development 77
becomes more and more obvious. Some organizers turn to adopt new gover-
nance idea to manage private school. Some organizers have recognized the
importance of complying with educational law, governance regulations, and the
respecting to collective will. They put the democratic decision-making, scientific
management on the reform agenda. It is conspicuous that the decision mechanism is
perfecting, more clarification of rights and responsibilities, and more security of
teacher and students’ participation right, etc.
Nevertheless, many investments, especially sole proprietorship private schools,
provide fertile grounds of “parental” and “familial” management modes. In addi-
tion, the omission of school’s owner is caused by the ambiguous of legal person’s
property, and the losing of function is caused by the deficiency of the internal and
external supervision mechanisms which leads private school executive board
controlled by interest group. The disadvantage of familial management remains a
big problem. The private school’s investors control private schools, there is
a centralization of principal’s power, and the power of executive board is overly
inflated. In turn, all those sorts of things are consuming the sustainable develop-
ment of Chinese private education.
References
Chinese Outline of the National Medium- and Long-Term Plan for Education
Reform and Development (2010–2020) states “private education is an important
point for the development of education, and an important force to promote edu-
cation reform…. We should create a number of top-notch private education insti-
tutions” (The State Council 2010). Private education is ushering in a rare
opportunity for development. However, private education still faces some obstacles
due to the delays and mismatching of relevant policies and regulations. One of the
most serious obstacles is the nature of private school as a legal person and identity
of private education organizer has not yet been clearly defined.
Legal person, which refers to the organization which has obtained the legal per-
sonality based on private law, falls into another type of civil subject relative to
natural person. The emergence of the concept of “legal person” conveys legislator’s
value. Legal person is the production of the development of social and economy, it
is also the reflection of the law on the social, political, and economic structure.
Given the complexity of social organizations, it is necessary to distinguish orga-
nizations with different properties and characteristics legally. The classification of
legal persons is the result of systematic abstraction of organizational structures, it
acts as the behaviorial rules regarding different forms of legal persons (Ma 2004).
The General Principles of Civil Law specified Chinese legal person system by
law for the first time in 1986. Article 36 of the General Principles of Civil Law
stipulated that “[a] legal person shall be an organization who has capacity of civil
rights and conduction, and enjoys civil rights and fulfils civil obligations in
accordance with the law independently.” Chinese legal system inherits the tradition
of the statute law of countries using a civil law system to a certain extent.
© Springer Nature Singapore Pte Ltd. 2018 79
H. Zhou et al., Private Education in China, Perspectives on Rethinking
and Reforming Education, https://doi.org/10.1007/978-981-10-4409-0_3
80 3 The Legal Person’s Classification Registration …
However, it does not adopt the method of classification of public legal person and
private legal person, or the concepts of incorporated foundation and incorporated
association in the civil law system (Dong 2010a). Although the Regulations for the
Management of Foundations uses the concept of “non-profit legal person”, there is
still no classification of for-profit legal person and non-profit legal person in
Chinese law.
In Chinese General Principles of Civil Law, according to the purpose of
establishment of legal persons, and the nature of the legal persons’ activities, legal
persons were classified into four categories, namely enterprise as legal person,
official organ as legal person, provider as legal person, and social organization as
legal person. The last three are called non-enterprise legal persons.
Official organ, provider, and social organization as legal person mean the legal
persons mainly engage in noneconomic activities and not for the purpose of making
profits. These kinds of legal persons engage in state administration, and social,
political, economic, cultural, and other undertakings, as well as social activities.
They also engage in some necessary civil activities, so they are also the subjects of
civil activities.
Official organ as legal person refers to the state organ at the central and local levels
that has the administrative power granted by the state, using the state budget as
funds to conduct independent activities and have the legal person qualification.
3.1 Classification Is Legal Person’s … 81
Official organ as legal person in China is equivalent to the public legal person in the
Western countries. Official organizations enjoy the corresponding capacity for civil
right and civil conduct because they need to exercise their functions and powers.
They also act as a civil subject. Official organs as legal persons have four basic
characteristics. First, they mainly engage in national administrative activities.
Second, they have the corresponding capacity for civil rights and civil conduct.
Third, they have independent funds. Fourth, they are established in accordance with
the laws or administrative regulations, and qualified as a legal person without being
approved and registered by the qualified authority.
Provider as legal person means the provider is qualified as civil subject, and mainly
refers to various types of legal persons engaged in non-profit social public welfare
services such as culture, education, health, sports, news, publishing, etc. Providers
are mainly referred to social organizations, which engaged in public welfare ser-
vices and received fiscal grants from the state in the past. Taken in these senses,
actor’s guilds, education providers, libraries, hospitals, newspaper offices, and radio
stations are the typical providers. These organizations do not engage in commercial
activities gradually, although they made some money, these gains were ancillary.
However, with the deepening of the economic system reform, some providers
cannot get the fiscal grants, and transform into organizations, which undertake
independent responsibilities for the profits and losses. Alternatively, different
bodies, such as research institutes, publishing houses, and for-profit hospitals
managed those organizations corporately. This made the boundary between pro-
viders and enterprises increasingly blurred.
Social organization as legal person refers to various types of legal persons, which
are formed by natural persons or legal persons voluntarily. Those natural persons or
legal persons engage in social welfare activities in the fields of literature and art,
academic research, and religion. Social organizations include a wide range of
organizations, such as civil organizations, social welfare organizations, academic
research organizations, literary and artistic organizations, and religious organiza-
tions. Article 2 of Chinese the Regulations for the Registration Administration of
Social Organizations stipulates that “the term ‘Social Organizations’ are the
non-profit social organizations formed voluntarily by Chinese citizens whose
activities in accordance with their association’s regulations, and are for the real-
ization of the common desires of the membership.” Article 3 of the Regulations
stipulates that “Social Organizations” are divided into two types, which are “exempt
from registration” and “need not be registered.” There are three types of social
organizations, which are exempt from registration. The first one is “people’s groups
82 3 The Legal Person’s Classification Registration …
the Chinese Private Education Promotion Law clearly stipulates that, “private
education providers shall have legal person qualifications,” it is still difficult to find
the answer for private education providers belong to what kind of “legal persons” in
the General Principles of Civil Law. Especially, with social and economic devel-
opment and the emergence of new types of social organizations, the legal person
classification method in the General Principles of Civil Law can trace back to the
planned economy period, when the education can no longer meet the needs of the
market economy development. As a result, it is difficult to classify various newly
emerging social organizations, including private education providers, according to
this law. Such dilemma has not got out until 1998 when the State Council issued the
Provisional Regulations on Registration Administration of Private Non-enterprise
Units, which introduced the concept of “private non-enterprise units” for the first
time. According to the definition in these Regulations, “private non-enterprise
units” refer to social organizations which are established by enterprises, providers,
associations or other civic entities as well as individuals using non-state assets to
conduct non-profit social services. Based on this definition, according to the
General Principles of Civil Law if private education providers have legal person,
qualification and engaged in academic education, cultural tutorials, self-taught
education, pre-school education and other nonprofit activities, they can be regis-
tered as private nonenterprise legal persons and thus be qualified as legal subjects
(Dong). Presently, the vast majority of private education providers in China have
been registered as this category.
Most private education provider’s legal person’ s qualifications are identified as
“private non-enterprise units”. Such classification is not only against the General
Principles of Civil Law but also has actually caused differences between private
education providers and public education providers in legal person’s nature and
identity, and also involves legal differences in personnel systems, social insurances,
taxation and accounting systems, and many other aspects. These systems have led to
the existing inequalities between teachers in private education providers and public
education providers in terms of pension, medical insurance, housing acquisition
funds, personnel file management, and other aspects, affecting the cultivation of
teachers in private education providers. As a result, this has affected the healthy and
sustainable development of private education providers (Qin 2012).
legal status can be “equal to each other”. Property right is the core issue of private
education provider’s development because it determines whether private education
providers can develop sustainably and steadily.
In recent years, the central government and some local governments have broken
through institutional barriers and promulgated provisions on the registration of
private education providers as legal persons in legislation, local laws, and other
forms’ of regulations. Although local regulations have affirmed that private edu-
cation as a part of the national education system should get the same legal status as
public education providers, in terms of the registration of legal person, the
administrative bodies for registration of public education providers and private
education providers as legal persons are different. For instance, Article 3 of the
Regulations of Tianjin on the Promotion of Private Education states that private
education belongs to public welfare undertakings and as a part of the national
education system (The Standing Committee of Tianjin Provincial People’s
Congress 2011). Private education providers and public education providers have
equal legal status. However, the following three policies have different regulations.
The three policies are the Notice of Tianjin Municipal People’s Government on
Approving, the Forwarding the Opinions on Strengthening the Regulation and
Administration of Private Education Providers, Guiding the Healthy Development
of Private Education Formulated by the Municipal Education Commission.
According to the policies, “a private education provider who has the license to run
school upon examination and approval shall go through the registration procedures
legally at the civil affairs department.” That is to say, the nature of private education
provider as a legal person should be private nonenterprise legal person (People’s
Government of Tianjin 2008). Similarly, the Regulations of Heilongjiang Province
on the Promotion of Private Education does not specify the specific private edu-
cation providers’ legal person nature, but proposes that their asset and financial
management system should subject to the accounting system for private nonen-
terprise units, which also shows the difference in legal person nature (The Standing
Committee of Heilongjiang Provincial People’s Congress 2007).
There are some measures taken by some other local governments to regulate the
registration of private education providers. Those measures are as follows. First,
establishing the system of recognizing non-profit private education providers as
providers, “privately-run providers,” or “private self-supporting providers” based
on a classification management. Second, improving the legal person registration
measures. Third, specifying the responsibilities of the relevant government
departments clearly. Fourth, improving the registration system for private education
providers as legal persons.
In Jiangsu Province, private education providers engage in academic education,
pre-school education, and special education, which by state-owned assets, and
private education and training providers engage in nonacademic education can be
registered as public providers. Private education providers engage in academic
education, pre-school education, and special education not by any state-owned
assets can register as private nonenterprise legal persons. Private education and
training providers engage in nonacademic education can register as private
3.3 Policy Practice of Local Governments 85
register as private institutions’ legal person. After a private school got the permit in
running a school after the education administration authority’s examination, it can
register according to the license. Private institution legal persons should register in
the civil affairs department, and enterprise legal persons should register in the
administrative department for industry and commerce. Once the nature as a legal
person is confirmed, it will not change without exceptional circumstances (Weifang
Municipal People’s Government 2013).
In Guiyang City, Guizhou Province, nonprofit private schools (kindergartens)
should register as private nonenterprise institutions; operational educational insti-
tutions should register as private enterprises; private nonenterprise units should
register in the civil affairs department, and private enterprises should register in
industry and commerce department. Once the legal person attribute is confirmed, it
cannot change without an exceptional case. The alternation can be done only the
application was reviewed and approved in accordance with statutory procedures
(Guiyang Municipal People’s Government 2013) (Table 3.1).
Table 3.1 Excerpted contents of private schools’ registration of legal person laws and regulations
Laws and regulations Contents
The General Principles of Civil Law Article 50. An independently funded
government agency obtains its legal
personality upon its establishment. The public
institutions and social organizations, which
meets the requirements for a legal person, and
need not go through the procedures of legal
person registration obtains its legal personality
upon its establishment. Those who needs to
undertake legal person registration can obtain
its legal personality after getting approval and
registration
Education Law Article 31. A school and other education
institutions which have the qualifications of a
legal person shall obtain legal personality as of
the day of approval or the date of registration
Higher Education Law Article 30. Higher education institution
obtains its legal personality upon its
establishment. A Higher education institution
has civil rights in accordance with law in civil
activities and bears civil liability
Private Education Promotion Law Article 9. A privately run school shall have the
qualifications of a legal person
Article 17. The examination and approval
authority shall issue a license to private
schools, which gets the approval and sets up
officially
Article 18. A private school, which obtains the
license and registers in accordance with
relevant laws and regulations, the registration
authority shall register according to relevant
regulations immediately
(continued)
3.3 Policy Practice of Local Governments 87
document clearly defines the private school organizer’ nature as a legal person
(Ministry of Education et al. 2016). According to the Provisional Regulations on
Registration Administration of Private Non-enterprise units which were promul-
gated in 1998, most private schools have currently been registered in the civil affairs
departments as private non-enterprise units and the legal persons. However,
according to the General Principles of Civil Law, legal persons classified into four
categories: enterprises, official organs, providers, and social organizations. Private
non-enterprise units as legal persons are not included in the four categories. Private
non-enterprise unit as a variant of “private provider” is not a rigorous legal concept.
As such ambiguous “neither fish nor flesh” dilemma, private schools can hardly get
the equivalent legal status of public schools which register as public schools in the
personnel system, social insurance, taxation, and other aspects. Private schools are
even regarded as enterprises and thus are required to pay business tax and corporate
income tax.
The newly revised Private Education Promotion Law proposes that the founder
of a private school may be chosen as the non-profit or for-profit private school
independently. After obtaining a license of running a school, a private school shall
conduct legal person registration, and the registration authority shall deal with the
formalities for the private school according to the law. The Standing Committee of
the National People’s Congress (NPC) issues the Civil Code General Principles
Draft, proposed to classify legal persons into for-profit and non-profit those two
categories. Such classification eliminates the influence of legal person classification
in legislation based on the ownership types and will also guarantee private schools
to register as legal persons. This legal person property covers for-profit and
non-profit into those two categories. Based on this classification, different taxation,
land, fees, operation mode, and other institutional arrangements apply to these two
kinds of legal persons, making private schools’ nature as a legal person more
distinct (Table 3.2).
It can expect that there will be more changes of the nature as a legal person after
amendments issued in the near future. The Ministry of Civil Affairs promulgated
the Notice on the Public Opinion on the Provisional Regulations for the
Registration and Management of Private Non-enterprise Units (Revised Draft for
Comment) on May 26, 2016. This notice stated that “in order to reflect the ori-
entation of social service agencies and their nature accurately, the ‘private
non-enterprise unit’ was renamed ‘social service provider’, and the ‘Provisional
Regulations on Registration of Private Non-enterprise Units’ was renamed ‘Social
Services Organization Registration Regulations.’” It means the term “private
non-enterprise” will be the official term. The non-profit school legal person’s
property will change to social service agencies uniformly (Ministry of Civil Affairs
2016). The new legal person property will also affirm in the state law of General
Principles of Civil Law. On March 15, 2017, the National People’s Congress
(NPC) issued a new civil code, the civil legal system is divided into for-profit legal
persons, non-profit legal persons, special legal persons and unincorporated orga-
nization in Chapter 3 (National People’s Congress). Non-profit legal persons
include public providers, social organizations, foundations and social service
3.4 New Trends After the Promulgation of the Private … 91
Table 3.2 The change of Chinese private school’s nature as a legal person in the new law
Category Non-profit private Non-profit private For-profit private school
school I school II
Legal Private non-enterprise Provider as legal person Enterprise as a legal
Person as legal person person
Registration 1. Social organizations 1. State organs or other 1. Social organizations or
conditions or individuals other organizations individuals other than
than state agencies 2. Use of state-owned state agencies
2. Use non-state assets assets; 2. Use non-financial funds
3. Non-profit social 3. For social good, 3. Pursuit of property
organizations non-profit rights and return on
investment
Registration Civil administration Public Welfare Providers Industry and commerce
agencies departments registration body within department
government set up
committee jurisdiction
Accounting Private non-profit Institutional accounting Enterprise accounting
system organization system System
accounting system
Legal basis Interim Regulations on Interim Regulation on Corporation Law
Registration the Registration of Public
Administration of Welfare Providers
Private Non-enterprise
Units
Social 1. Enterprise standard Public welfare providers Enterprise standard
insurance of 2. Public Welfare standard
employee Providers standard in
particular region
Tax policy 1. Equal treatment as 1. Equal treatment as Taxation by enterprise
public schools public schools standard, but granted
2. Tax exemption on 2. Tax exemption on preferential policies
income with tax income with tax (while preferential
exemption exemption qualification policies are unclear)
qualification
agencies. Social services providers as the upcoming new legal attributes according
to this law, which makes significant progress.
Private school’s property becomes more and more clear. However, there are still
some challenges. Lacking of practical precedent and clear supportive policies causes
the private schools do not know how to choose their legal property from non-profit
and for-profit. Choosing non-profit is equal to donate the funds, which needs to run
school, leading to the loss of the remaining claims to and control of the school. By
contrast, choosing for-profit means not only facing the corresponding policies’
uncertainty, but also the risk of encountering institutional discrimination in the
process of providing education. It is a tough decision for private education providers
after the implementation of the new law. Given the large amount of private schools,
and the great difference among those schools in China, the implementation of
92 3 The Legal Person’s Classification Registration …
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Dong SZ (2010a) A comparative study of the classification of school legal persons in China and
foreign countries. J Natl Acad Educ Adm 1:84–91
Dong SZ (2010b) Good management practices for private colleges and universities: research on
the governance of legal persons of private providers of higher learning in China. Educational
Science Press, Beijing
Education Department of Shaanxi Provincial Government (2013) The measures of Shaanxi
province for implementing classification management of registration of private colleges and
universities (educational providers).Retrieved from http://www.snedu.gov.cn/news/
jiaoyutingwenjian/201307/23/6758.html
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provincial government on further promoting the development of private education. Retrieved
from http://www.jiangsu.gov.cn/xxgk/webpic/W0201311/W020131108/W020131108366668
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registration and management of private non-enterprise units (revised draft for comment).
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Affairs, State Commission Office for Public Sector Reform, & State Administration for
Industry and Commerce (2016) The notice of the ministry of education and other five
departments on the printing and issuance of the detailed rules on the implementation of
classification management of privately-run education providers. Retrieved from http://www.
moe.gov.cn/srcsite/A03/s3014/201701/t20170118_295142.html
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gov.cn/npc/xinwen/2017-03/15/content_2018907.htm
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on further supporting and standardizing the development of private higher education. Retrieved
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Chapter 4
The Ownership of Property Rights
of Chinese Private Institutions
Nowadays, Chinese private schools are commonly afflicted with the problems of
the vague ownership of property rights and infringement of property rights. To a
certain extent, it drains their enthusiasm and goes against the overall educational
quality improvement. In addition, there are also various troubles, such as private
school raising capital, the conflict between profitability and public welfare of the
private school and the establishment of a relationship between education providers
and governments. Therefore, establishing a reasonable property rights system
entitling private school with clear ownership of property rights will be of great
significance in promoting the prosperity and development of private education.
In recent years, in order to formulate the property right policies systematically and
truly promote the private school’s legal person property right clarification private
school, the relevant state departments have issued a series of laws and regulations.
Local governments promulgated new policies, and took new measures. These
policies, laws, and regulations play an important role in promoting the orderly and
standardized development of the private school.
The 24th Session of the 12th National People’s Congress issued the Decision on the
People’s Republic of China Private Education Promotion Amendment Law on
November the 7, 2016. Those above policies provide detailed provisions on the
ownership of the private school’s property rights private school.
The following contents are the provisions on the property rights’ issue in the
People’s Republic of China Private Education Promotion Law. Article 35 stipulates
that “[a] private school shall enjoy all the legal person property rights which were
formed by the founders’ invested assets, state-owned assets, donated properties and
the education provider’s accumulated assets.” Article 36 stipulates that “[d]uring
the period of a private school existence, all its assets shall be managed and used by
its education provider, school or individual cannot encroach upon the assets without
allowance.” According to the requirements of the above two articles, during the
period of a private school’s existence, its properties qualify as legal person prop-
erties. After the termination of a private school, the ownership of its properties
should meet the requirements of Article 59, which says, “The properties of a private
school shall be cleared according to the following order. Firstly, repaying students’
tuition fees, incidental expenses and other fees. Secondly, providing wages and
social insurance fees to faculty and staff. Thirdly, repaying other debts. The
properties left after clearing the above-mentioned items shall be disposed pursuant
to relevant laws and regulations.” In addition, Article 51 stipulates that “[a]fter a
private school has deducted its costs, has reserved development funds and has
drawn other necessary expenses in accordance with relevant regulations of the state,
the investors may make reasonable returns from the balance of the education
provider.” The principle affirmed the legitimacy that the investors of a private
school may make reasonable returns (Ministry of Education 2002). Overall, the
People’s Republic of China Private Education Promotion Law specifies the rele-
vant provisions on legal person’s property rights and management, and use of
private school assets. It shows the principle of taking into account both personal and
social interests. It provides a clear legal basis of ownership regulation, the use and
management of private school’s assets as well (Han and Zhang 2004).
The Regulations on the Implementation of People’s Republic of China Private
Education Promotion Law (“Implementation Regulations” in short) specifies the
capital contribution methods of private school founders, and the investors’ right to
make a return on their investment. For example, Article 5 states that “[t]he private
school founder(s) may make contributions in cash, entities, land use right, intel-
lectual property right or right of other properties. The subsidies given by the state,
the tuition charged to the students, the money borrowed and the donated properties
accepted by the private school shall not fall within the scope of capital contributions
of the private school.” Article 6 also stresses that “[a] public school which par-
ticipates in running a private school shall be entitled to enjoy the right and interests
of a founder in accordance with the law, and also shall perform the duties of
managing state-owned assets, preventing the loss of state-owned assets.” Article 44
stipulates that “[a]n investor who makes reasonable gains in accordance with the
articles of the private school constitution may, at the end of each fiscal year, make
4.1 Chinese Relevant Policies and Regulations 97
return on investment from a proportion of the operating school’s balance. The term
“education provider-running balance” mentioned in the Private Education
Promotion Law and the Implementation Regulations refers to the balance of annual
net income which excludes private school’s costs, social donations, state-funded
assets, reserved development funds in Implementation Regulations and other nec-
essary expenses in accordance with relevant regulations of the state.” Article 45
stipulates that “[a] private school shall determine the proportion of gains the
investors can make from the balance of the education provider according to the
following factors. The first one is the items and standards for the tuition fees. The
second one is the proportion of the tuition fees which used in teaching activities and
school improvement. The third one is the operational level and quality of education.
If the tuition fees higher than other private schools of the same level, the proportion
of teaching activities and school improvement is small, and the private school’s
education quality is low, the proportion of returns the investors make from the
balance of the education provider will no more than that of other private school in
the same level.”
To further implement the Private Education Promotion Law and the
Implementation Regulations, the State Council has issued the Notice of the State
Council on Strengthening the Regulation and Administration of Private Higher
Educational Institutions and Guiding the Healthy Development of Private Higher
Educational Institutions. The regulation requires that “[a] private higher education
institution shall maintain legal person property rights. The investors shall fulfill
their duties of contributing on time whole-heartedly. The assets which have been
invested in a school shall be verified by a certified public accountant, transferred to
the school and shall not be retained, misappropriated or appropriated by any
organization or individual” (General Office of the State Council 2006). Article 6 in
the Several Provisions on the Administration of Non-state-operated Colleges and
Universities which is promulgated by the Ministry of Education clearly states that
“[t]he money borrowed, tuitions charged from students, donated properties or the
state’s aids accepted by a non-state-operated college or university are not the
investors’ capital contributions. The non-state-operated college or university shall
be entitled to enjoy the legal person property right to the assets which put into it by
its investors, the state-owned assets, donated properties, as well as the accumulated
income from running it. No organization or individual may retain, misappropriate
or usurp any of its assets” (Ministry of Education 2007).
The Private Education Promotion Law Amendment implements a classification
management system for the private school. For instance, “private school’s founder
may decide to be a non-profit or for-profit private school independently. However,
it shall not form any for-profit private school providing compulsory education. The
non-profit private school founder shall not obtain any profit from running a private
school and shall use all of the balance for running the school for the school
maintenance. The founder of a for-profit private school may make profit from
running a school, and use the balance to run the school under the Company Law and
other relevant laws and administrative regulations” (Xinhua Net 2016). This
98 4 The Ownership of Property Rights of Chinese Private Institutions
clarifies the problems and contradictions in the nature as a legal person and own-
ership of property rights of private schools at the legal level.
The State Council released the Guideline on Encouraging Social Organizations
and Individuals to Run Education Providers to Promote the Healthy Development
of Private Education on December 29, 2016. It reaffirmed that “[p]rivate schools
(including other private institutions) should classified differently to be non-profit or
for-profit. The founder of a non-profit, private school shall not make any profit from
running schools, and shall use all of the balance for running schools in the main-
tenance of the education provider. The for-profit private school’s organizer can
make profit by running school, and all the earning shall distribute according to
relevant regulations. Private schools shall be entitled to enjoy all the legal person
property rights in conformity with legal provisions.” Article 10 gives the latest
provisions on ownership of property rights when a private school withdraws from
the market. It stipulates that “[a]fter the termination of a private school run by
donations, the properties left after clearing the balance should be used for education
and other social undertakings. For the private schools, which registered as
non-profit and established before the announcement of Decision on People’s
Republic of China on the Private Education Promotion Law Amendment on
November 7, 2016, when terminating the status, the schools shall compensate or
reward the investors according to relevant regulations if the school possess prop-
erties after clearing the balance. The private schools, which register for-profit
school, those schools shall carry out financial liquidation, define property rights
clearly defined according to laws. Once their status is terminated, their properties
left after clearing the balance shall be distributed in accordance with the relevant
provisions prescribed by People’s Republic of China Company Law. Specific
measures shall be formulated by the local government directly with the guidance of
the Central Government. For the private schools which were established after
November 7, 2016, the properties shall be distributed according to their constitu-
tions and other relevant regulations” (The State Council 2016).
As there are great regional disparities in China, the local governments of provinces/
municipalities shall take on the task of formulating the supporting policies after the
promulgating of the national private education law. Therefore, in order to adhere to
the Private Education Promotion Law and its Implementation Regulations, local
governments’ issue-related documents with ample details of implementation. These
documents try to clarify the legal person’s ownership of property rights. The
specific content involves the following aspects.
4.1 Chinese Relevant Policies and Regulations 99
national regulations. The application for this return shall be undertaken by the
education provider’s decision-making organ, and the amount shall be determined
by the administrative department for education in conjunction with the relevant
departments based on the original capital contribution, additional investment as
well as the education provider’s tuition income and balance. The return on
investment can account for 40% of the education provider’s balance at most. If the
return on investment obtained continues to be used for education provider devel-
opment, the return shall be included in the additional amount of capital contribution
and enjoy preferential tax policies in accordance with the relevant provisions.
For-profit education providers receive returns according to the corporate system
(Education Department of Shaanxi Provincial Government 2011).
In terms of private school’s net assets allocation, the Decision on Promoting the
Development of Private Education promulgated by the People’s Government of
Inner Mongolia Autonomous Region stipulates that when a private school termi-
nates its status, it shall, in accordance with law, liquidate all assets accumulated
during the process of running the education provider. All government allocations,
assets formed by corporate sponsorship investment and social donations shall be
handed over and included in the social public assets. In the meantime, a private
school should leave enough assets to pay off debts, make proper arrangement of the
students, and pay the salaries and retirement insurance premiums, medical insur-
ance and other social insurances for the staff. In addition to this, the investors can
have the rest assets. The education provider who has terminated its status must
make suitable alternative arrangements for the current students, carry out financial
liquidation according to the law, return the license and seal for running a school
(People’s Government of Inner Mongolia Autonomous Region 2010).
Zhejiang Province requires private school, except those funded by donations, the
contributors or investors may add, release, transfer, inherit, or donate their right and
interests (equities) during the period of existence. For non-profit private school, the
property prices right shall calculate according to the original book value when they
transferred. For-profit private school should carry out the operation according to
market rules. The owner’s equity transfer shall carry out in the local government’s
property right trading platform with a standard manner (People’s Government of
Zhejiang Province 2013).
Regulations of Tianjin on Promoting the Development of Private Education
stipulates that when private schools’ founders withdraw from the institution, they
can transfer their contributions in accordance with law. Other founder(s) of the
private school have the right of first refusal under the same conditions. The
transferees should undertake the rights and obligations of transferors. The capital
contribution of the transferors should concurrently calculate along with that of the
transferees as well (The Standing Committee of Tianjin Municipal People’s
102 4 The Ownership of Property Rights of Chinese Private Institutions
Congress 2011). In Henan Province, when a private school changes its founders and
undergoes liquidation, the financial incentives or cash and equipment granted shall
be listed separately, and shall not be regarded as the founders’ investment. When a
private school terminates its status, the existing incentives or equipment granted by
the government shall be returned to the government channels from which they
came. In this way, these incentives and equipment can use continuously for private
education (The Education Department of Henan Province 2013). Hubei Province
has strengthened the supervision over the equity transfer behavior of the founders of
private higher education institutions. If the private higher education institution’s
founder is a social organization, when the social organization is to transfer its equity
or change its shareholders, the examination and approval authority or registration
authority of the social organization shall consult with the provincial department of
education to review the agreement on changing shareholders and transferring
equity. This can prevent the social organization from secretly withdrawing funds of
the education provider (People’s Government of Hubei Province 2013).
The Private Education Promotion Law and other relevant policies and regulations
have effectively regulated the way of running a private school. Presently, the overall
environment for private education development is better, private education enter-
prise has made significant achievements.
from the examination approval authority, the state-owned assets supervision and
administration department and other related departments during the period of a
private school’s existence (The Standing Committee of Heilongjiang Provincial
People’s Congress 2015). Shandong province stipulates that the assets of private
school can only be used and managed in the account of this provider, and cannot be
transferred to any other accounts, and also cannot be deposited into personal
accounts (People’s Government of Shandong Province 2007).
In Zhejiang Province, for non-profit private education providers, all net assets of
“private education providers that are run by donations” should belong to civil
society. After an education provider terminates its status, the assets should be
coordinated by the education provider examination and approval authority and used
continuously for education. For other non-profit private schools, the investors
should be in possession of the properties (including additional investment during
the period of an education provider’s existence) of the actual amount of contri-
bution. For for-profit private schools, the investors own education provider’s equity
(People’s Government of Zhejiang Province 2013). The Decision on Accelerating
the Development of Private Education promulgated by Yunnan Province states that
private schools and public schools enjoy the same legal status. The laws of the state
protect the properties of private school, and no organization or individual shall be
allowed to retain, misappropriate, or encroach upon them. The private schools’
founders should fulfill their obligations to make contributions according to law, and
complete the process for capital verification and ownership transfer. Other investors
of a private school should enjoy rights and interests as well as undertake the
obligations prescribed by the laws and regulations and the articles of incorporation
of the education provider. They may do this by presenting the contribution cer-
tificate issued by the education provider (People’s Government of Yunnan Province
2009).
In Chongqing, after a private school has deducted its costs, reserved development
funds and drawn other necessary expenses in accordance with the relevant
requirements of the Private Education Promotion Law, the investors may gradually
recover their costs and obtain investment return from education provider’s balance
104 4 The Ownership of Property Rights of Chinese Private Institutions
annually. When a private school terminates its status, for the surplus properties after
the debt is settled according to law, the investors may obtain the corresponding
portion of their investment according to the law (Ministry of Education 2010). In
Shandong Province, if private school’s investors require investment return, they
may make this return from the balance of the education provider after the private
school has deducted its costs, reserved development funds and drawn other nec-
essary expenses in accordance with the relevant provisions of the state. Returns on
investment obtained by the investors must be determined after the education pro-
vider’s operating balance is accurately accounted (the accounts are open and
transparent), studied collectively by the board of directors (or council), and reported
to the examination and approval authority or the entrusted management department
for approval. The proportion of investment return should be subject to the relevant
provisions of the state (People’s Government of Shandong Province 2007).
4.3 Problems
The property rights are the focus of the majority of private school’s founders and
investors, it is also a hot topic in academic circles. Chinese private education has
many problems. For example, the ill-defined property rights, the unknown invest-
ment returns, and the incomplete management system. These problems have seri-
ously hindered the development of the private school. Besides, the following
problems also exist in the current policies and regulations on the issue of private
school’s property right.
The stakeholders of the property involved in private schools mainly include the
legal persons and the founders of private schools. The types of property involved
mainly include funds, material objects, buildings and structures, land use rights,
intellectual property rights, and other properties. The concrete functions of the
ownership of property rights involved mainly include the right to possess, use,
manage, seek profits from and dispose of property. Presently, although the sources
of property, types of property, and types of private school’s rights show a diver-
sified development trend, the current policies and regulations have not yet clearly
defined property rights. That is, the current policies and regulations fail to clearly
define the different types of private schools, and should enjoy the right of different
types of properties. The protection of property rights and the interests of the
founders as important stakeholders have not been clearly reflected in the current
laws, regulations, and policies. Only some articles of the Private Education
Promotion Law provide property rights and consider the interests of the private
school’s founders (such as Article 51 about “return on investment,” Article 54
about the change of founders, and Article 59 about the clearance of private school
property. However, these laws and regulations need to develop more.
It can be seen from the provisions of China’s relevant policies and regulations that
there are some problems with the private school’s property right in China, such as
improper definitions of the property rights boundaries, vagueness of property rights,
and improper allocation of property rights. These problems are mainly reflected in
the following two aspects. First, although the Private Education Promotion Law
specifies that during the period of a private school’s existence, its accumulated
assets are the legal person’s property, but it does not clearly specify their ultimate
ownership. That is, the law neglects issues such as the ownership of surplus
106 4 The Ownership of Property Rights of Chinese Private Institutions
property, particularly the property rights of the founders’ investment and the part of
value added by the education provider’s accumulated assets and the distribution of
surplus property when a private school terminates its status. Second, the provisions
on the private school’s property rights do not reflect the founders’ intellectual input
(Lv 2013).
The provisions on the property right in the Private Education Promotion Law do
not fully reflect the status of subjects’ legal relationships and the definitions of
powers and functions. This is mainly reflected as follows. In terms of the subjects of
property rights, the word “private” is not fully defined. In terms of the powers and
functions of property rights, the law only takes into account the legal person’s
property right as an education provider during its existence, does not give detailed
provisions on the private ownership rights of the founders or the investors. In terms
of allowing the investors to obtain reasonable returns, the law only regards this as a
means of support and incentives but does not formally recognize the profit-oriented
investors’ right to returns on investments. In terms of disposal of assets after
clearance of debt, more detailed provisions are needed.
4.4 Solutions
The above analysis shows that the current policies and regulations on the ownership
of property rights of private school have problems such as unclearly defined con-
notations, lacking of provider norms and poor operability, which cause unclear
property rights as well as the vague rights and obligations of private school. In order
to clarify the ownership of private school’s property rights, the following measures
should be taken.
Chinese the 24th Session of the 12th National People’s Congress adopted the
Decision on the Promotion of Private Education Law Amendment on November 7,
2016. This document will act as the guidance of Chinese private education
4.4 Solutions 107
development. This is especially true for the decision to implement the classification
management system of private school requested by the Amendment, which will
have a significant effect on the nature as a legal person and property rights of private
school. Therefore, in accordance with the new requirements of the Private
Education Promotion Law Amendment, the National People’s Congress or the State
Council should coordinate the relevant departments such as the Ministry of
Education and the Ministry of Finance, to formulate special regulations for the
management of property rights of private school as soon as possible. It is urgent to
revise the conflicting articles in the Education Law, the Private Education
Promotion Law, the Regulations on the Implementation of the Private Education
Promotion Law, the Provisional Regulations for the Registration Administration of
Private Non-enterprise Units, the Accounting System for Non-governmental
Non-profit Organizations, the Guarantee Law, the Property Law and many other
laws and regulations. This can help alleviate the worries of the founders and protect
the rights and interests of the private school’s founders according to law.
It is necessary to define the ownership of assets of private schools and the rules for
income distribution for those subject to private school’s property rights. When the
ownership of assets was transferred, the service fees should reduce to the cost of
production of a certificate or license. Additionally, the approval process should
simplify so that the founders can complete the registration of the ownership transfer
of assets within the prescribed time limit. Except for private schools, which are run
by using donations, the founders should be in possession of the assets formed by
their contributions, which will eliminate their concerns about the ownership of
assets after the ownership has been transferred. In this way, the founders will
transfer the assets to the education providers as registered owners and reduce the
risks associated with running schools.
Whether or not a private school requires investment return does not affect its
beneficial contributions to the public. If a private school does not require investment
return, its founders should grant certain rewards to encourage the operation of
education providers. If a private school requires investment return, its founders and
108 4 The Ownership of Property Rights of Chinese Private Institutions
investors should allow to obtain returns from the education provider’s balance on
an annual basis in order to ensure quality and the stable development of the edu-
cation provider. The returns which continue to be used for the operation of edu-
cation providers can be included in the amount of total capital contribution. Return
on investment is limited only to the parts of original investments and reinvestments
of founders and investors, the education provider’s public welfare assets are
excluded, assets formed by rolling policy development and accumulated assets of
the education provider in the calculation basis for making returns.
References
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China on forwarding the Opinions of Chongqing Municipal People’s Government on
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Chapter 5
Chinese Private Education Public
Financial Assistance
Issues concerning private education public financial assistance are hot topics in
academia, the discussions can provide theoretical reference for governmental policy
decisions.
In order to know whether public finance should support private education or not?
We should first define clearly what kinds of products and services the market
should be provided, what the government should be provided and what he gov-
ernment and the market should be provided jointly so as to determine the nature of
private education service and by whom it should be offered.
The theory of public goods, proposed by American economists Paul Samuelson
and Richard Musgrave, provides the theoretical basis for defining the boundary of
government and market in market economy. According to this theory, all social
goods classified into three categories: public goods, private goods and quasi-public
goods. These categories based on the criteria of competitiveness and exclusivity of
goods and services when they are consumed. Among them, public goods are
both non-excludable and noncompetitive. On the contrary, private goods are both
excludable and competitive, while quasi-public goods are between the public goods
and private goods (Fan 2009). Public goods provided by the government, private
goods are provided by the market, and quasi-public goods provided jointly by the
government and the market. Non-compulsory education, including higher educa-
tion, belongs to quasi-public goods with positive externalities. Meanwhile, those
educational services are competitive in consumption. When one person consumes
those educational services of limited supply, others’ consumption will be affected.
On the other hand, such educational services have the nature of exclusive.
Technically those educational service can be segmented so as to some people can be
excluded from consumption by the number of admissions, the screening of
examinations and the charging of tuition fees. At the same time, education services
have positive externalities. If one is educated, all of his or her family, descendants,
even the society can benefit.
As a result, educational services belong to quasi-public goods with positive
externalities. They should provide jointly by the government and the market. The
government has the responsibility and obligation to provide education services, and
the governmental finance should support education bear part of its costs. Academic
research on the nature of private education is relatively scarce. In this study, private
education services and public education services are basically same in nature, and
belong to quasi-public goods or services with positive externalities. The difference
is that the private product attributes are strong because such educational services are
highly exclusive, and someone with low income can exclude through higher tuition
fees. Therefore, private education should afford jointly by the government, educated
individuals and families, and the government has the responsibility to provide
financial support for private education.
For a long time, private schools have regarded as the supplement of public schools
because the education provided by the government cannot benefit all people and all
areas due to the limited material, financial and other resources. Private can fill this
gap, and private schools provide education opportunities to some low-income
groups, and ensure the realization of educational equity to a large extent. As the
private school’s source of fund mainly depend on tuition and incidental expenses, if
there is no sufficient funding, when education costs increase, private schools have to
raise tuition fees. This in turn will increase the economic burden of educatees and
has a direct impact on some students’ education opportunities (Bi 2015).
5.1 Theoretical Discussions of Private Education Public Financial Assistance 113
Torsten Husen, a famous Swedish educator, holds the opinion that the oppor-
tunity equity of the education includes three arrangements of ideas mainly: starting
equity, process equity and result equity. That is to say, all educational subjects
should enjoy fair rights in accessing educational resources, such as being educated,
school environment conditions, and teacher’s employment opportunities in edu-
cation. Some researchers believe that the government is a natural representative of
the public interest in society, from the perspective of education and social fairness,
government has unshrinkable responsibility for the development of
non-government funded schools (Wang and Li 2004). A non-subsidized or merely
symbolic verbal support for private education may result in a substantial increment
in tuition fees for students. This will greatly reduce the education opportunities for
the disadvantage groups and result in unfair access to education providers, thereby
social hierarchical system was increasingly consolidated. This situation runs
counter to the government’s public functions and the principles of equity in edu-
cation and society. Thus, according to educational equity theory, students in private
schools should enjoy the same educational resources as public education schools’
students. In short, the government must subsidize private education.
The education cost sharing theory was first proposed by American education
economist D. B. Johnstone in 1986, he argued that education costs should be shared
by various parties who earn benefits of education, for instance, by taxpayers
(represented by the government), parents and the public figures (donors). According
to this theory, the costs of private education, as an important part of the education
system, should also share by the government, society and individuals (Yang and
Zhu 2007; Wang and He 2008).
The way of distribution follows two principles. The first one is the benefit
acquisition principle. Those who profitable should pay for education. The second
one is the ability-to-pay principle, that is, all those who benefit from education
should pay for education based on their ability to pay, and those who are more
capable should pay more (Huang 2007). The healthy development of private
education will not only benefits students, but also promotes the government to play
an important role in this field. While sharing the responsibility for education with
the government, private schools can reduce government’s financial burden.
According to the statistics, the government would reduce its economic burdens by
providing financial support to private schools rather than by running schools.
Therefore, the government should take responsibility to “escort” the private
school’s development actively.
114 5 Chinese Private Education Public Financial Assistance
Practically, as a large developing country with nearly 1.4 billion populations, China
has to provide considerable financial assistance to support private education.
The Outline of the National Medium- and Long-Term Plan for Education Reform
and Development (2010-2020) had some education plans. For example, promoting
the spread of pre-school education. consolidating and improving the level of
nine-year compulsory education; popularize upper secondary education, increasing
the gross enrollment rate to 90%. Propelling higher education popularization,
increasing the gross enrollment rate to 40%. Eliminating illiteracy among young
and the middle-aged. The new workers’ average years of school in the labor market
will increase from 12.4 years to 13.5 years. The average years of schooling of the
working-age population will increase from 9.5 years to 11.2 years, of which the
higher educational population is the total population will reach to 20%. The number
of post-secondary educated people will double.”
However, despite continuous economic development and overall enhancement
of national strength, China is still a developing country with low GDP per capita.
Moreover, China abolished the one-child policy, and initiated the universal
two-child policy in 2015. The need of education will increase in the future. As a
result, it is impossible for China to achieve the aim mentioned above, so it is fully
depending on public education, which mainly funded by public finance. In addition
to the shortage of employment, the deepening of reform and industrial transfor-
mation causing rapid change in job market, the tertiary/service industry needs a
large number of new and diversified talents, which cannot train fully by public
education (Wu 2010).
In contrast, the development of private education not only provides a more
flexible learning system and a more open learning channel, but also provides stu-
dents with more equitable educational opportunities. In other words, private edu-
cation has, as much as possible, met people’s educational needs and stimulated the
education diversification. The development of private education will benefit a
wide-range people. Consequently, it may be an ideal option for Chinese govern-
ment to support private education in order to fill the gaps of the insufficient public
education. Practically, the Outline of the National Medium- and Long-Term Plan
5.2 Current Situation Demands Public Financial to Support Private Education 115
for Education Reform and Development (2010-2020) states that China will correct
various types of discrimination policies for private schools, and formulate prefer-
ential policies to promote the development of private education (The State
Council of People’s Republic of China, 2010). Recently, the chairman Jinping Xi
noted that the government will encourage different society groups to develop
education in the 19th National Congress of the Communist Party of China (Xi
2017).
Faced the tremendous social and individual demand, the number of private
schools has skyrocketed over the years. In 2016, the number of private schools at all
levels was 171,000, it has increased 31,000 since 2012. At the same time, there
were 48.25 million students in private school, the number has increased by 9.14
million (National Bureau of Statistics of the People’s Republic of China 2017).
As for the utilization of public finance, private schools can provide students with
the same educational service as public schools by using less public resources, it will
improve public education efficiency by pressure reversion the transmission. The
current situation in China is that public funds obtained by private schools only
equals to one-seventh of their financial contributions. That is to say, the usage of
public finance in private school is more efficient than public schools on one hand,
private schools and public schools are treated unfairly on the other hand (Wu and
Wang 2017).
The main funding sources of private education are the founders’ original input,
tuition and fees, government budget appropriations, tax benefits, charity and other
foundations (mainly donations and funding support for education
provider-enterprise cooperative education provider operations), bank credit funds,
funds from non-bank financial institutions and oversea funds (Yang 2010).
However, the source of Chinese private school’s operation funds is mainly from
tuition and fees. As shown in Table 5.1, the total income of all kinds of private
education in China amounts to 234.09 billion yuan in 2013. The income from
tuition and fees accounts for the highest proportion among various sources of funds,
and the proportion of tuition and fees in private higher education institutions in total
income has reached 78.8%. Although the support from public finance to all types of
private schools at all levels is much higher, the amount is still small. It only
accounts for about 10% of total income of private schools, while donations can
ignore compared with other sources of income. As tuition fees are likely affected by
the level of regional economic development, enrollment scale, students’ ability to
pay and other factors. Simply relying on tuition fees to maintain the private school’s
operation may limit to fulfill the development potential and lead to insufficient
sustainability of private schools.
116 5 Chinese Private Education Public Financial Assistance
Table 5.1 Private schools’ main funds sources in 2013 (100 million yuan)
Type of Item
School Total Education Taxes and fees Tuitions Founders’ Donation
income funds levied by the and fees investment income
within government for
public education
budgets
Higher 779.38 67.34 4.88 614.11 34.03 3.42
education
institutions
Secondary 94.48 31.74 2.11 38.84 8.88 0.22
vocational
schools
Senior high 246.79 14.12 3.34 171.79 12.02 1.98
schools
Junior high 251.38 32.84 3.21 144.56 23.70 3.50
schools
Primary 280.94 38.34 8.82 156.77 28.74 1.72
schools
Kindergartens 685.96 41.87 9.47 530.31 40.02 0.50
Source Zhou and Zhong (2016). Development report on private education in China. Beijing:
Beijing Normal University Press
5.3.1 Policy
Since the reform and opening-up policy, China has promulgated a series of laws,
regulations and policies which aims at promoting, supporting and standardizing
private education. A policy system has formed to help private schools’ development
and governance actively according to the law. From the historical dimension, Chinese
public financial assistance policies for private education have generally gone through
the following three stages since the reform and opening-up policy in 1978.
5.3 Chinese Policies and Public … 117
Before 1982, Chinese government did not take compulsory measures to restrict or
stifle the development of private education for maintaining public education’s
status, nor affirmed it in order to promote the development of private education.
Private education made some progress in such an environment. However, on
account of uncertainties, and there was no social recognition or public financial
assistance for private education, the development of private education was
struggling.
Then the situation was improved. National policies and regulations illustrated
the status of private education clearly between 1982 and 1992. The 19th article of
the Constitution of the People’s Republic of China adopted by the Fifth Session of
the Fifth National People’s Congress on December 4, 1982 stipulates that China
encourages collective economic organizations, state enterprise organizations and
other social resources to run educational undertakings in accordance with law.” It
was the first time that the legal status of private education defined in the consti-
tutional form. However, as for some issues, such as how to develop private edu-
cation, it is important to notice what issues not clearly explain in these authoritative
laws and regulations. In other words, the laws only provided guidance and path for
private education. However, how to run a private school depends on the individual
school’s exploration. As a result, private education was still in an ambiguous phase
at that time. Although there were some private education policy documents, they
could not provide systematic guidance to private education, let alone those policy
documents could play a guiding role.
Since 2010, with the progress of society and the rapid development of private
education, the relevant policies and regulations have been continuously refined. In
addition, the focus of government subsidies began to turn from private education’s
macro level to the micro level of teachers’ compensation and education manage-
ment in private education providers.
At present, Chinese central and local governments formulated relevant policies
to subsidize private schools. For example, the Education Law, People’s
Republic of China Private Education Promotion Law and the Regulations on the
Implementation of the Private Education Promotion Law clearly stipulate that
private education should be included in national economic and social development
strategies, and education funds should allocate to private schools.
At the local level, Shenzhen, Ningbo, Shanghai and some other cities have
introduced specific implementation measures to support private schools, and
established the necessary policy basis for the development of private schools. For
5.3 Chinese Policies and Public … 119
The forms of public financial assistance to private schools by the government are
different from each other according to different standards. They can divide into direct
and indirect forms based on the fund source. Direct financial assistance refers to the
government subsidizes private schools through appropriating funds directly or give
certain concessions to private schools. For instance, providing financial support through
project funding, supplying necessary teaching equipment to education providers free or
at a moderate cost, appropriating start-up fees to schools and giving a certain proportion
of financial incentives according to the total investment of education providers (Yang
2010). All of these are conducive to the direct settlement of funding shortages faced by
private schools. Indirect financial assistance means that the government promulgates
corresponding subsidy policies to support the development of private education,
including tax incentives, reduction and exemption of facilities’ construction costs,
reduction and exemption of land acquisition fees, providing student loans, improving
the social welfare provisions for teachers and so on.
Table 5.2 Chinese private education’s public financial assistant policies
120
Source Bi (2015). Financial support for private higher education—status quo, obstacles and breakthroughs. Beijing: Economic Science Press
5.3 Chinese Policies and Public … 121
The national student loan policy belongs to the state’s financial assistance policy
for students. It is an important step for the state to deepen the education system
reform and promote education development by financial means. Providing state
educational loans to solve disadvantage students’ schooling problem is an impor-
tant way for the state to guarantee the education equity, and promote the devel-
opment of private education. The policy of student loans for private schools has not
only alleviated the economic burden of economic difficulties students to a certain
extent, but also partly solved the problem of funding shortages of private schools
and thus supported private schools running indirectly.
In 2014, the Ministry of Finance and the Ministry of Education formulated the
Measures on the Administration of Risk Compensation for Source-based Credit
Loans for Students, which clearly specifies the nature and applicable conditions of
source-based loans for students. In addition, Hunan Province and Hubei Province
have introduced relevant laws and regulations to specify clear requirements for
economic difficulties students who attend private schools to apply for state student
loans, establishing student loans discounts and risk compensation system.
As for the internal management system, the founders of private schools with
“rolling development” in China usually assume the presidents or chairmen of the
boards for a long time. Family-run management is prevailing in private school’s
management, the private school’s founders train their children as the successors (Bi
2015). Some scholars have pointed out that the board members are “virtualized” in
some private schools. In other words, the board members have no real power in
5.4 Problems and Suggested Solutions 125
private school management, the decision-making rights these schools completely lie
with the chairmen of the board of investors or founders (Zhang 2006).
Apart from the above problems, because of the imperfections of the relevant
legal system and difficulties in the process of government regulation, the operation
of private schools is unconstrained to a large extent. Especially in funds manage-
ment, it is very common to find that the use and management of funds are irrational,
and the financial management system is in chaos. Many private schools’ operators
fail to have a correct understanding of the use, management and ownership of
schools’ assets. Some education providers arbitrarily draw and misappropriate
funds, which should be used for education. Some schools’ operators even put
schools’ operation funds into their own pockets, or even abscond with the money.
Because of poor financial supervision, private schools lack of funds restraint
measures, the cases of the legitimate rights and interests of education providers
being abused spring up all the time (Sun 2003).
In view of the problems existing in private education funding, the situation can
improve by making adjustments in the following aspects.
For the understanding of private schools, we must get rid of the “supplementary
theory,” the “expedient theory,” the “marginal theory” and other erroneous con-
cepts. It’s important to break the traditional idea of “emphasizing on public schools
while ignoring private schools.” We should have a comprehensive understanding of
private education, and gradually recognize that private education are an indis-
pensable part of Chinese education system. Public and private education have
coexisted for a long time, which is the premise of achieving sustainable develop-
ment of private education.
In addition, we must actively expand private schools’ financing channels. As
well, the government should not only provide special support to private schools but
also subsidize private schools by providing subsidies based on expendi-
ture per student, teachers’ supplementary pension insurance, reducing and
exempting private school’s rent. In terms of attracting social resources, the gov-
ernment should encourage enterprises, citizens and other social organizations to
donate private education, and provide tax relief for donors. Also, private schools
should, by establishing alumni association, special fundraising organizations or
foundations and other forms of fundraising, expand channels of social donations
and attract social and personal donations to the largest extent. In addition, the
government should also formulate special policies to allow private schools to use
126 5 Chinese Private Education Public Financial Assistance
their properties as mortgage, or put their intellectual property and tuition fees as
pledge to apply for bank loan. It can encourage the flow of bank loans into private
education in turn.
Policymakers should clarify the purpose of subsidizing private schools, refine the
policies and regulations and improve the operability and transparency of the poli-
cies to avoid the policy of ambiguity caused by subjective factors in the process of
capital allocation. Minimizing the cost of policy implementation and simplifying
the subsidizing process should be the policy priorities. Meanwhile, subsidizing
private schools should adjust from the authoritative standard to the mandatory
standard in legislation. Besides, clarifying local governments’ methods and stan-
dards of private schools’ financial assistance will also need to make sure that the
related policies and regulations can implement by local governments.
For example, adopting a classification management system between for-profit
and non-profit private schools, and prioritizing the financial assistance to non-profit
private schools, subsidizing non-profit private schools more than for-profit private
schools. In addition, while providing financial assistance for private schools, all
regions should optimize and reorganize their forms of assistance, take mutual
advantage, build comprehensive, optimal public financial assistance modes to meet
Chinese private schools’ development needs (Wang and Sun 2009). For example,
funding allocation for schools and students should base on competitive principle.
For teachers, however, financial assistance should mainly be on a non-competitive
basis. By doing that, it can not only promote healthy competition among private
schools and improve the quality of private education, but also maintain the stability
of the teaching faculty, so as to ensure the smooth and efficient operation of private
schools.
The obstacles in the financing of private school closely related to the operational
problems. In order to standardize the management of private schools, we must
firstly clarify the ownership of property rights of private schools and delineate the
boundary between the founders’ start-up assets and the accumulated assets. In
addition, we must improve the private school’s internal management and affirm the
legal status of the school board. We should establish a systematic and standardized
fund management system to ensure the reasonable and standardized use of funds,
improve private schools’ internal financial management system, establish a strict
accounting system and strengthen internal financial audit supervision to avoid the
problems such as financial chaos, asset security etc.
5.4 Problems and Suggested Solutions 127
Finally, the government should formulate and improve the special policies for
the financial management and the supervision of private schools. As well, the
government should make specific provisions regarding the accounting system,
financial system, asset system and supervision system of private schools.
Additionally, the government should clarify the responsibilities of relevant
departments in financial supervision of private schools and establish a supervision
mechanism focusing on cooperation among various departments. The government
should also assess the financial conditions of private schools on a regular basis to
detect problems timely. Beyond that, the government should put forward targeted
solutions and form a transparent, standardized and efficient public financial assis-
tance management system to ensure financial resources are used to the maximum
benefit.
References
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breakthroughs. Economic Science Press, Beijing
Bureau of Education in Ouhai (2014) Notice on issuing the special funds for private education
services purchased by the government in 2014. http://www.ouhai.gov.cn/art/2014/11/25/art_
2228_195351.html. Accessed 20 Nov 2016
Fan Y (2009) On the theory of public goods in financial expenditure. J Sichuan Econ Manage Inst
4:26
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201707/t20170725_1516453.html. Accessed 2 Dec 2017
Qian XX, Yang T, Luo Y (2016) Research on the funding policy of private education provider in
China. Educ Rev 1:64
Sun YX (2003) Explorations on regulative management of funds in non-state run education
providers. Northeast Normal University, Changchun
Tao XP, Wang ZS (2010) Development report on private education in China (2003–2009).
Shanghai People’s Publishing House, Shanghai
The Government of Baoji (2015) Opinions of Baoji Government on the implementation of
government purchasing services from social resources. http://www.baoji.gov.cn/site/11/html/
276/291/386/262358.htm. Accessed 20 Nov 2016
The State Council of the People’s Republic of China (2010) Outline of the National Medium- and
Long-Term Plan for Education Reform and Development (2010–20). Retrieved from http://
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The State Council of the People’s Republic of China (2016) Several Opinions of the State Council
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Wang BL, Li ZH (2004) On the development of private university and government funding.
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Yang DZ (2010) Financial management and monitoring of private education providers. Human
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University Press, Beijing
Chapter 6
Governance System of Private Schools
On the one hand, running schools lawfully refers to the government guides and
administrates private schools in conformity with legal provisions. On the other
hand, it refers to private schools themselves formulate the school regulations and
rules, as well as further build up a certain model of legal management system,
which guarantees there are related laws which must be implemented according to
the national laws and regulations. Since the reform and opening-up in 1978, which
the private education first came into being, private education has run over 30 years
in China. With the rapid development of private education, the related legislation
and law enforcement have made great achievements.
1. Establishing the legal status of private schools. Private education establishes the
legal system following the school-running practice gradually. The Ministry of
Education issued A Number of Temporary Provisions on Running Schools by
Non-Government Sectors in 1987, which sent private education into the orbit of
legal operation. The State Council promulgated Provisions on Running Schools
by Non-Government Sectors in 1997, which standardized the private education
significantly. Private Education Promotion Law of the People’s Republic of
China (hereinafter refers to Private Education Promotion Law) was formally
implemented in 2003. Implementing Regulations on Private Education
Promotion Law of the People’s Republic of China (hereinafter refers to
Implementing Regulations) was issued in 2004, which played an important role
in promoting private education. Private Education Promotion Law stipulates that
private education is a public welfare as the indispensable part of the socialistic
educational development in China, which clarified the nature and status of
private education in accordance with the legislation. The newly revised Private
Education Promotion Law in 2016 promulgated a series of supporting docu-
ments, and private education shares the same goals with the national education
development according to this law. Thus, a favorable environment for the
healthy development of private education comes into being gradually, which
offers fair, impartial, and transparent administration and school running.
The relevant laws of China have also clearly stipulated that the private colleges
and universities enjoy the equality in legal status with the public ones. Private
Education Promotion Law stipulates private schools and public schools have the
same legal status. The faculties in private schools enjoy the equal rights to those
of public schools in respect of professional training, appointments of positions,
seniority calculations, rewards and awards, as well as social activities, etc.
Graduates in private schools enjoy the same rights as those from public schools
in respect of further education, employment, social benefits and outstanding staff
appraisal, etc. As a result, teachers and students of private schools are supposed
to enjoy the same rights as those of public schools. These provisions of Private
Education Promotion Law have legally come up with the resolutions to the
equal national treatment of private education.
2. Guaranteeing the legal rights of private schools. Because private education in
China has been a substitute for public education for a long time, the rights and
interests of private schools, such as their status, identities, and rights of teachers
and students, as well as the enrollment qualifications, cannot be recognized and
6.1 The Related Policies and the Implementation Effectiveness 131
Autonomy is the right of survival and development for private colleges and uni-
versities. As the core of the construction of modern school system, autonomous right
mainly manifests the social progress. The Education Law of People’s Republic of
China promulgated and implemented in 1995 (hereinafter refers to The Education
Law) is the fundamental law in the field of education in China, which is the basic
principle of managing education according to the law. The Education Law stipulates
the following rights of schools. (1) To manage the school independently according to
the regulations. (2) To organize teaching and school activities. (3) To recruit students
or the other educatees. (4) To manage school rolls and to reward or punish the
educatee. (5) To issue the educated the corresponding academic certificates. (6) To
recruit teachers and staffs, and to reward or punish them. (7) To manage and use the
facilities and funds. (8) To reject any illegal interference with their education and
teaching activities from any organization or individual. (9) To have other rights in
related laws and regulations.
The Private Education Promotion Law implemented in 2003 is the principal law
for the state to support and standardize the private education. The fifth article
stipulates that private schools have the same legal status as public schools, and the
state guarantees the autonomy of private schools. Private Education Promotion
Law endows private schools with the following duties. (1) To set up the school
board of directors based on the regulations, which authorizes the educational
administrative departments at or above the county level. The board is responsible
for appointing or dismissing the school president. (2) To make up and modify the
school regulations. (3) To formulate the school development planning and to
approve the annual work plan. (4) To raise funds for private schools, reviewing
private schools’ budget and final accounts. (5) To make decisions on the number of
faculties and their salary standard. (6) To make decisions on division, merging and
termination, and other important issues.
As the first educational planning since twenty-first century, the 39th article of
National Education Plan clearly states that the relevant government should imple-
ment and expand the autonomy of running private schools. It also describes the
autonomies of three kinds of private schools, respectively, which are colleges or
universities, high schools, and secondary vocational schools. In accordance with
national laws and regulations, and strategic policies, colleges or universities possess
the following rights. (1) Teaching, research, developing new technologies, and
offering social services independently. (2) Setting up the corresponding depart-
ments of teaching, scientific research, and administration independently.
(3) Determining the internal distribution of incomes independently. (4) Managing
school personnel independently. (5) Managing and using school property and funds
independently. In addition, the autonomies of private high schools and secondary
vocational schools should expand in respect of the mode of school running, edu-
cational methodologies, resource allocation, personnel management, cooperative
education and community service, etc. The 43rd article of National Education Plan
6.1 The Related Policies and the Implementation Effectiveness 133
further states that government will support private education energetically. It should
put into practice that private schools together with their students and faculties enjoy
the same legal status as public ones according to the law. Government guarantees
private schools’ autonomies of running private schools. The 10th and 11th articles
of Proposals on Implementation have, respectively, elaborated how to implement
the autonomies of school running and students recruiting in private schools. The 30
Provisions of Private Education made a series of clear regulations on the autonomy
of private schools.
The relevant laws and regulations of the state have made clear provisions for
ensuring the autonomy of private schools, which provides a basis for the imple-
mentation of the autonomy of private schools, and lays a foundation for practice. At
the same time, many local administrative departments have explored a number of
innovative practices worthy of promotion.
1. The price control is gradually liberalizing and the pricing authority is expanding.
Because more and more people are calling on relaxing the price control of
private schools, the price standards are largely determined by private schools
themselves permitted by the policies of provincial government. (1) For the
private schools offering academic education or nonacademic education, such as
private kindergartens, private secondary vocational schools, private technical
schools, private colleges and universities, etc., the price standards should keep
on records in the local relevant government. For instance, it stipulates that the
academic education, offered by private secondary vocational schools, private
technical schools, and private colleges and universities, be entitled to set up
price standards independently based on the local market, the school conditions,
and the reasonable cost of professional training in Guangdong province. After
keeping records in education department or human resources and social security
department, and competent pricing department, private schools can practice their
own price standards.1 (2) Private schools will manage, respectively, depending
on what kind of legal person they have registered, or what kind of school they
are running. For instance, in Zhejiang Province, the administrative educational
departments are implementing the corresponding policies, stipulating that the
price administrative departments at all levels should set up the benchmark prices
and floating ranges based on the development of schools when they check and
ratify the tuition fees and accommodation costs of non-profit private schools.
Whereas the price standards of private schools should in accordance with the
economic conditions.2 (3) The eligible private schools have right to set up
tuition standards or had a certain proportion of floating within the range of
government guiding price. In Fujian province, private colleges or universities
1
General Office of Guangdong Provincial People’s Government: Proposals on Promoting
Regulatory and Characteristic Development of Private Education (2013).
2
Zhejiang Provincial People’s Government: Proposals on Promoting the Healthy Development of
Private Education (2013).
134 6 Governance System of Private Schools
3
Education Department of Zhejiang Province: Proposals on Further Expanding the Autonomy of
Private Schools (2012).
6.1 The Related Policies and the Implementation Effectiveness 135
4
The Ministry of Education: Proposals on Further Promoting the Development of Private
Education (2013).
5
Zhang Huiying: Autonomy of Running Primary & Secondary Schools and the Existing
Problems in China, published on Education and Management, pp. 31–33, Issue 4, 2009.
136 6 Governance System of Private Schools
6
Ma and Du (2010).
6.1 The Related Policies and the Implementation Effectiveness 137
7
Wang (2012b).
138 6 Governance System of Private Schools
As one of the main governing bodies of the modern school system, society has a
great influence on the construction of modern school system. Private schools have
the advantage to contact with society. Private schools can respond flexibly by
promoting social participation in educational services and the demand of other
users.
National Education Plan proposed to promote social cooperation, explore the
approach to set up the College Council or the Board of Directors, and establish a
long-term mechanism of social support and supervision for the school development.
Besides, National Education Plan advocates exploring the co-construction mode of
college-industry and college-enterprise. It also promotes the resource-sharing mode
of college-research institute as well as college-social community in order to create
an effective coordination and cooperation mechanism. Beyond these, the important
proposition in National Education Plan including the following contents: improving
the professional evaluation, encouraging the specialized agencies and social inter-
mediary agencies to assess the disciplines, specialties, curriculum standards and
teaching qualities, etc. Establishing the scientific and standardized system,
exploring the approach to cooperate with the international high-level education
evaluation institutions and finally create a school evaluation mode with Chinese
characteristics. Concerning the management of primary and secondary schools.
Proposing to set up the Parents’ Committee which will instruct the community and
the relevant experts to participate in the school management and supervision. The
enterprises should play an important role in the development of secondary voca-
tional schools, which will help to create the cooperative mechanisms of
school-industry and school-enterprise. National Education Plan emphasizes that the
social participation in school management and supervision should evolve gradually.
Proposals on Implementation require improving the management and service of
private education clearly. An information platform of private education service and
management is establishing in various regions gradually, which not only meets the
demand of the public and the school sponsors but also helps to improve government
management and service. The relative departments are responsible for pushing the
in formalization construction of private education, meanwhile, working on ana-
lyzing and publishing the statistical data, which the private capitals are invested in
private education and social training. It is important to publicize the advanced
models of private education, reform achievements, and development achievements.
Likewise, coordinating relevant departments to formulate policies and measures to
further promote the development of private education, and creating a good envi-
ronment for the whole society to support the development of private education
actively. It is also important to guide the private educational intermediary’s orga-
nizations in order to maintain sustainable development and strengthen the con-
struction of research institutions concerning private education.
6.1 The Related Policies and the Implementation Effectiveness 139
In general, China has initially established a legal system of private schools after
more than 30 years’ legal construction. The legal system originates from the
Constitution of the People’s Republic of China, puts the Law of the People’s
Republic of China on Education as fundamental law, and regards the Private
Education Promotion Law and the Higher Education Law as the main parts.
Meanwhile, the Regulations of the People’s Republic of China on Academic
Degrees, Law of the People’s Republic of China on Teachers and Vocational
Education Law are the branches of private schools’ legal system. The branches also
include the administrative regulations, provisions, and the corresponding laws on
private education issued by the State Council, the Ministry of Education and the
local governments, which lay a solid foundation for running private school and
managing private education legally. The private education in China has made new
development since the implementation of the Private Education Promotion Law
and the Implementing Regulations. Overall, the laws and regulations concerning
private education in our country start relatively late compared with other countries,
the legal system of private education is incomplete, and some problems still exist:
1. Lawless. Although there are many laws of private education, there are a few
feasible provisions. Administration according to the law is the core of managing
private school by law on condition that there are complete and feasible laws.
However, some legal provisions are lack of supporting policies and detailed
explanations, and some are paradoxical, which will hit bottlenecks when put
those legal provisions into practice. There are no specific regulations to support
the classified management. The new Private Education Promotion Law clearly
stipulates that the relative departments will manage private schools,
140 6 Governance System of Private Schools
8
Huang (2004).
142 6 Governance System of Private Schools
Internal governance is crucial for the healthy development of private school. The
optimization of the internal governance structure of private schools has laid a solid
foundation for education innovation and management, which will help to construct
the modern school system. The gradually optimized internal governance structure
of private schools has strengthened their independence, and numbers of schools
have established the optimized system, which adapts to the social requirements,
such as the personnel management mechanism and competition mechanism;
therefore, private universities show their superiority in internal governance.
However, the social environment, foundation, and conditions of the establish-
ment of the private universities vary in China. Private school’s sponsors have
different opinions on their role in school running (donations or investment,
6.2 The Main Existing Problems 143
9
Xu (2012).
144 6 Governance System of Private Schools
the initiatives. For example, some chairmen ignore the management, so the
president controls the school. Third, the chairman and the principal always have
different ideas, leading to the constant conflicts and rigid relationship with each
other, which has a negative influence on school.
4. The internal and external supervision mechanisms are missing. First, there is no
sound supervisory board system in private colleges and universities, because
some schools have no supervisory board, the board’s responsibilities are
unclear, or the board just supervises the school as a subsidiary of the board of
directors. Second, the government’s supervision is missing. The educational
administrative department hires accounting firms to audit the private schools as
the intermediary organizations, actually, the work has not started. The civil
administrative department is mainly responsible for the annual inspection. Due
to there are tens of thousands of private schools or private non-enterprise
organizations, it is difficult for the registration authority who has a limited
number of managers to supervise private schools effectively by annual inspec-
tion. Third, the supervision of teachers, students, parents, and society is weak.
Parents supervise private schools by voting with their feet; most of the parents
reluctant to send their children to private schools. The supervision mainly
focuses on the educational quality rather than the schools’ property, the gov-
ernance structure and the internal management, etc. Owing to the insufficient
information, the actual supervision from parents and students is quite limited.
With the development of private education in China, private schools become more
and more independent and autonomous. Private schools have more opportunities to
connect with the society, so they can respond immediately and flexibly to the
education services and the needs of their customers, which helps to arouse the
enthusiasm of running private schools and form an active adaptive mechanism.
Thanks to this strong sense of social participation, private schools can take
responsibility for their own strategic choices, formulate long-term plans, and fulfill
their missions. However, the closed mode of running private schools has been a
problem for a long time in China. Although the closed mode has made some
breakthroughs with the reform and development of private education, the real
interaction between schools and communities (the society) is still limited.
1. The social forces have no initiatives in school management. Communities
together with the main bodies of the market lack enthusiasm in running school.
Citizens generally regard education as a matter of government and schools
rather than the matter of themselves. With the further development of market
economy and the increment of the available social resources in running private
6.2 The Main Existing Problems 145
10
Xu (2005)
146 6 Governance System of Private Schools
increasing. Thus, the construction of the modern school system must attach
great importance to family education, guarantee parents’ rights and stress their
roles in education. In addition, as the calling of personalized education is
growing louder, people appeal to have education with the characteristics of
minor-cycle and impromptu in a short term and at any time in modern society,
the appeals cannot totally fulfill by the traditional school education. In order to
provide coeducation by combining family education and school education
together, we should better make good use of the convenient of Internet. Some
scholars predict that the future education tends to be an effective combination of
the compulsory and standardized school education with the individualized and
liberalized family education.
Alan, a famous economist, first proposed the term “rent-seeking” in 1974. Its
original meaning is that the power center transfers the power unprincipled in order
to gain extra benefits. In general, rent-seeking means seeking opportunities to be
rent. However, rent-seeking differs from profit-seeking. Profit-seeking refers to
obtain benefits through market competition without damaging the interests of others
in the market economy, which eventually helps the market to develop in a healthy
way. While from the perspective of systematic environment, people compete to get
rent and maximize their own interests at the expense of damaging the interests of
others, the society or the state, which is obviously harmful to others and the
society.11 In developing countries, especially those in transition from the planned
economy to the market economy, the government has become the prey of interest
groups for rent-seeking because the administrative power is much stronger than the
market power; the administrative power even controls and interferes with the
market power. Social transition will provide a wide range of possibilities for rent
seekers to get personal gains by public power. Although the rent-seeking behaviors
conform to the principle of maximizing rent seeker’s own interests, the seeking
benefit is far less than the harm to others.
With the deepening reform of Chinese socialist market economy, the govern-
ment’s education monopoly become much weaker, especially with the emergence
of various kinds of private schools. The policy tends to encourage and support
11
Han and Qu (2014).
6.3 Theoretical Basis and Practical Reference 147
The separation of ownership, control, and beneficiary right bases on the economic
definition. When studying corporate governance structure in economics, the first
thing to mention is the separation of ownership and control right (or management
right), which is regarded as the important foundation and premise for building
corporate governance structure. Famous American scholars, Berle and Means, first
proposed the Separation of Ownership and Control in their classic book called
Modern Enterprises and Private Property. It refers to the board of directors who are
elected by the general meeting of shareholders instead of the corporate shareholders
should run and manage the company. The board of directors usually runs the
company, while the shareholders only have an indirect impact on the
decision-making and capital operation by voting.
There are two definitions of Ownership. One is the right of Residual Claim; it
claims on the enterprise income after deducting the payment of all fixed contract.
The other one is the right of Residual Control; it is the right of decision-making
without special provisions in the contract. The two definitions have no difference
for corporate enterprises because the above rights belong to the same person,
namely, the shareholders of the company. Therefore, the ownership and manage-
ment separate from each other only in the profitable corporate system. The rights of
residual claim and residual control are the same one, and they match with each
other. However, in non-profit organizations, ownership and management separate
from each other, so as to the residual claim and residual control. Professor Henry
Hanmansi, a famous economist, holds the opinion that non-profit organization has
no right of benefit distribution, and no one can intervene in the management and
residual income distribution. The rights of residual claim and residual control do not
match with each other in non-profit organizations. Therefore, the separation of
ownership and control in the corporate governance structure evolves the Separation
of Three Rights (residual claims, residual control, and management) in non-profit
organizations.
148 6 Governance System of Private Schools
Regarding the management of modern private schools, we should first make the
rights and ownership clear. The separation of ownership and control in modern
enterprise management provides a better analytic idea to the similar issues. The
separation of ownership and management rights has become the trend of devel-
opment of the modern school system and achieved practical results in some schools,
which has improved the internal governance structure of the schools. However, the
incomplete separation of ownership and control is a fact that the modern private
school has to face in school management. Based on the separation of ownership and
control theory, we should try to explore an operation mechanism of school rights
suitable for for-profit and non-profit private schools, which will affect the sus-
tainability of the construction of private school system.
Kos proposed the concept of Transaction Cost, of which the Division of Labor
becomes the core category of new institutional economics. Kos further pointed out
the transaction cost refers not only the costs in the market but also the internal
transaction costs of the enterprise itself, such as administrative fees, supervision
fees and cost of transferring administrative orders, etc. Thus, when the profit
continues increasing with the expansion of enterprise, the transaction cost will
increase accordingly. When it is equivalent to the transaction cost in the market, the
enterprise will no longer expand and tend to be relatively stable status. The social
organization, as a basic unit involved in market transaction in the division of labor,
plays an important role in organizing a group of elements into a unit to participate in
market exchange to reduce information asymmetry, and ultimately reduces the
transaction costs. Therefore, transaction cost is actually a system cost derived from
the division of labor.
After more than 30 years’ development, the number of private schools in China
is increasing all the time, and it brings to the expansion of private schools. Based on
the transaction cost theory, private schools’ internal transaction costs are also rising
with the school expansion. When they are equal to those on the market, the school
will stop expanding. Private schools as social organizations, ultimately aim to
reduce the cost during the interaction. Hence, it is urgent to figure out a more
scientific and reasonable solution based on the top-level design, helping for-profit
and non-profit schools to find a standpoint in the construction of modern school
system.
agent, while the party who holds no information is called a client. Based on the
principal–agent framework, the client entrusts the agent to conduct a job. However,
for the client cannot obtain all the private information, even cannot to directly
observe the agent’s actions, the agents may damage the client’s benefit in the proxy
process. The corporate governance structure is mainly supposed to lower the cost of
agency and set up a series of checks and balances to regulate the agent’s behavior. It
aims to get the maximum benefit at the lowest cost. The application of the prin-
cipal–agent theory mainly lies in how to motivate the agent to work hard, and do
not violate the interests of the principal of the shareholders and creditors. This
theory is suitable in the governance structure of private non-enterprise
organizations.
There are sorts of principal–agent relationships in private schools. There are two
most obvious relationships. One is the principal–agent relationship between the
school owner and the actual manager, namely, the principal’s investor and the
agent’s principal. The other refers to school inner principal–agent relationship,
namely, the principal–agent relationship between the principal, other managers, and
the teachers. Additionally, there appears the third principal–agent relationship
between the society, students, and schools, because education is a public service,
and parents and students’ expectation is increasing.
Taking private universities as an example, the board of directors is the main
representative of investors, which not only includes school directors, such as
principals, teachers, etc., but also involves outside individuals, such as the gov-
ernment. The board of directors in private universities is studying the issues on how
to clarify the relationships between the stakeholders, how to define their obligations
and responsibilities, and how to coordinate their contradictions when all the
stakeholders participate in the school governance. Those issues directly affect
school’s internal governance and the external reputation, and eventually have an
impact on the development of modern school system.
resulted in huge losses and adverse social impacts. The education administrative
departments of the Hengyang adhere to the principle of developing education
by standardized educational management and education innovation. A dozen of
normative documents are issued, such as Proposals on Further Regulating the
Management of Private Education in Hengyang and Regulations on Financial
Management of Private Schools in Hengyang, etc. Those documents try to break
the family operation and management mode, and then establish modern school
system. The normative documents clearly stipulate that private schools should set
up a board of directors or the School Council, open accounts with financial mon-
itoring, open accounts of education development funds, of which each school
should draw 25% of the net income as development fund and risk fund every year
by the double supervision from the education administrative departments and
schools. It is imperative to standardize the member composition, rules of procedure
and operation, and bring the board of directors as a decision-making body into full
play. Principals should possess the rights of administration and education inde-
pendently in conformity with legal provisions within the scope authorized by the
board of directors, gradually to promote the supervisory system of private schools.
It is also important to make the information on major decision-making known to the
public democratically, and to establish and improve the party and league organi-
zations in private schools bring their roles into full play, and to implement the rights
of the staff to participate in democratic management and supervision.
Three years’ later, most private schools in Hengyang established boards or
councils. The modern school system has established, and fund accounts have
opened in municipal full-time schools. The modern school system has a positive
effect on private school management.
according to for-profit and non-profit private schools, which will get different policy
supports. After ratified by the Provincial Education Department, non-profit private
schools will register in the provincial Department of Civil Affairs. The private
schools, which are funded requiring reasonable returns, register as legal persons of
private non-enterprise organizations. The private schools, which are donated or
invested without requiring reasonable returns, will register as legal persons of
private institutions. After ratified by the Provincial Education Department, for-profit
ones register as enterprise legal persons in the provincial Department of Industry
and Commerce in conformity with legal provisions.
Shaanxi province stipulates that non-profit private colleges and universities as
well as higher education institutions enjoy the same preferential policies of taxation
as those of public ones. Simultaneously, private schools have equal rights as public
schools in terms of scientific research project application, bidding, evaluation,
transformation of research achievements, and financial appropriation of research
funds, etc. If the provider of a non-profit school requires a reasonable return, he can
earn a reasonable return from the school balance after deducting the cost of running
school, raising the related expenses of the development fund and the state regula-
tions, as a reward to the investors. The school decision-making institution puts the
award application forward. The education administrative department will jointly
determine the reasonable amount of return based on the amount of original
investment, additional investment, tuition fee, and school balance. The reasonable
amount of return can account for 40% of the school balance. The reasonable return
obtained will continue to be used for the development of the school and the
investment. According to the relevant regulations, the schools continue enjoying the
preferential tax policy. Profit schools rewarded by corporate systems.
In addition to Shaanxi, some provinces, autonomous regions, and municipalities
(Xinjiang, Inner Mongolia, Ningxia, Gansu, Jiangsu, Hainan, Jilin, Liaoning,
Hebei, Tianjin, Jiangxi, Anhui, Hubei, Hunan, Henan, Guizhou, Yunnan,
Chongqing, and Sichuan, etc.) have advocated to explore the classified management
system of for-profit and non-profit private schools in Provincial Education Plan.
While Shanghai regards it as an independent project, Shenzhen regards it as a
subproject of Improving the Development Environment of Private Education.
Zhejiang is the province, which pilots the national comprehensive reform on private
education, and Ningbo and Wenzhou in Zhejiang are the pilot areas. Overall, the
supporting system lists nationwide cover many systems and the corresponding
policies of finance, taxation, and government. For instance, the classified applica-
tion and registration system, the property right system, the finance system, the
supervision and inspection system, social governance system, personnel system and
donation system, etc. However, generally speaking, private schools are not familiar
with the systematic construction, so some significant systems have not appeared in
their schemes yet.
6.4 Suggestions 153
6.4 Suggestions
12
Wang (2014).
154 6 Governance System of Private Schools
taken: first, improving the internal supervision mechanism; second, making party
organizations play a core role in politics and social security; third, emphasizing the
school regulations; fourth, making clear the principal’s responsibility system; fifth,
building the team of principals; sixth, bringing the role of academic authority into
full play; and last but not least, establishing the governance mechanism of all the
stakeholders.
1. Government function transformation lays the foundation for the modern con-
struction of the external system of non-profit private schools. The government is
obliged to revolutionize the traditional control mode, clarify its role and promote
the separation of management, operation and evaluation for the purpose of
establishing a standard and orderly educational management system with a
separation of government and public affairs, clear responsibilities, and unified
coordination.
First, we should clarify the government orientation. The new public manage-
ment theory holds the opinion that government plays the role of taking the helm
rather than the paddles. Government services should be market-oriented,
referring to the successful experience and methods of private sectors.
Competition should introduce in the public management. Government should
transform the strict administration in the past to widely authorization so that the
government behavior is valid. Second, it is imperative to transform the gov-
ernment functions. The functions of the U.S. Ministry of Education only focus
on two basic areas: first, establishing the national education database and pro-
viding information for educational assessment and decision-making; second,
guaranteeing the education fairness.13 The Chinese educational departments are
mainly responsible for carrying out overall planning, making policies of guid-
ance, supervising and managing, and providing public education services.
Specifically speaking, the government can appraise and ratify the school scales
according to the conditions for running schools. It will gradually expand the
autonomy of undergraduate enrolment, actively expand the autonomy of college
enrolment, and moderately expand the autonomy of higher vocational education
enrolment, which can be determined independently in terms of the annual
enrolment plan, enrolment scale, admission standards, and methods. Private
colleges are encouraged to select the qualified students in a scientific way.
Private colleges are encouraged to adjust and optimize their disciplines inde-
pendently to meet the needs of the economic and social development. Based on
their own conditions, services, and operating costs, together with the social
needs and affordability, private colleges can decide the charging items and
standards by themselves, which will later make publicity after keeping a record
13
Wang (2012a).
6.4 Suggestions 155
14
Wu (2008).
15
Shi and Zhou (2014).
156 6 Governance System of Private Schools
The social supervision mainly includes the supervision from the public, the
press, the democratic parties, and other social groups. We should introduce and
make use of various Medias’ supervision roles, such as network, television,
radio and newspaper, etc., creating a variety of accesses and measures such as
free hotlines, mailboxes, email report, keeping confidential, and rewarding
whistleblowers.
Besides, we should perfect the financial accounting and auditing system. The
non-profit private schools perform accounting system of non-profit organiza-
tions (or temporarily applicable accounting system in institutions). Non-profit
private schools should open a special bank account, in which tuition fees,
financial grants, government grants, and other public funds deposited in this
account. It is important to insist on earmark a fund for its specified purpose only,
which will guarantee the fund is used for school education, establishing the
annual report system on the school financial accounting. That is to say, the use
of tuition fees, financial grants, government grants, and other public funds
should be reported to the board of directors, the school council, and the staff
congress at the end of every year. Simultaneously, it should keep record in the
peer competent departments and made public via campus network and other
Medias. At the end of the fiscal year, the accounting firm ratified by the
administrative department of education examines and verifies the assets and
finance of private schools and eventually issues the auditing report.
3. Improving the supervision mechanism is the focus of the modern construction of
the external system of non-profit private schools. In 1993, the CPC Central
Committee and the State Council promulgated The Strategy of China’s
Education Reform and Development. The strategy pointed out that government
supports and encourages primary and secondary schools to establish education
organizations in the community with the nearby enterprises, institutions, sub-
district offices, or residents’ committee. Those measures aim at absorbing more
social forces to participate in the school development and management, opti-
mizing the educating environment exploring, and figuring out a combining form
of education and the society, which accords with the characteristics of primary
and secondary schools. In the United States, the ways in which community
participates in the school management are as follows. Schools build relationship
with departments of the school districts. Schools look for help from the staff.
The community celebrities and parents establish an Education Committee
jointly. Parents elect to build a Parents Committee and take part in the school
management directly. Take France as an example, the school management
system is composed of teachers’ committees, parents’ committees, school
boards, and principals participate in school management. How to establish a
community-school contacting and cooperative mechanism in China? How to
bring the negotiation mechanism of democratic participation into full play
during the school development? To achieve these goals, we need to build a
6.4 Suggestions 157
16
Xu (2005).
17
Wang (2012a).
158 6 Governance System of Private Schools
18
Peng (2006).
6.4 Suggestions 159
help to monitor the school running; second, the representatives of the school
staff, who help to protect their legitimate rights and interests; third, the
representatives of students, parents, and the community, who help to
guarantee the rights of the educated under the information asymmetry; and
fourth, the representative of shareholders (non-director and non-principal
shareholders), who help to protect the rights of investors.19
2:2 The 54th article of the Company Law of China clearly stipulates the
functions and powers of the board of supervisors. The relevant provision,
the 37th article of Japan’s Private School Law, has referential significance,
for instance, monitoring the legal person’s property, supervising the
implementation of the business by the members of the school council. Based
on the reality of Chinese private universities, the power of the board of
supervisors is designed as follows: first, checking the financial standing, the
school teaching as well as the protection of the rights and interests of
teachers and students regularly; in the second place, supervising the
behaviors of rules, regulations, and laws violation effectively when the
director or the principal is performing their duties. When their work dam-
ages the interests of the school, faculty or students, they are bound to correct
it. A lawsuit may be brought to them when necessary. In addition, the
internal supervision organs of the party, such as the discipline supervision
and the audit supervision, and a variety of internal and external supervi-
sions, should work, which will form the resultant force of internal and
external governance.
3. Playing the party organization’s roles as political core and supervisor. First, we
must recognize the core role of party organization in the internal governance of
private universities. It is important to make political leadership work effectively
in private colleges and universities, advocate and carry out the Party’s policies,
implement the resolutions of the superior party organization, and adhere to the
principle of public welfare education and socialist orientation. In the second
place, the Party organization has the right to participate in school management.
We should make it works by establishing the decision-making system and
conference system, by setting up the coordinating mechanism between the Party
organizations. The School Council and the its president takes the leading role.
Principal exercise their authority by supporting private schools’ reform and
sustainable development, for instance, devoting themselves to solve the promi-
nent problems which hinder private school reform. Third, we should put the
supervision of the Party organization into action by guiding and supervising
the school to discharge its duties legally, by supervising and urging the
decision-making bodies and the school principal to manage education according
to the law, standardizing their management and run the school in a scientific way.
19
Peng (2006).
160 6 Governance System of Private Schools
20
Personnel Department the Ministry of Education (1999).
6.4 Suggestions 161
21
Peng (2006).
22
Shi and Zhou (2014).
162 6 Governance System of Private Schools
1. First of all, a sound regulatory system is the basis of the modern for-profit
private school external system construction. At present, the construction of laws
and regulations for profitable private schools is mainly to solve two problems.
They are the relationship between public welfare and profitability, and the unity
of educational laws and economic laws. (1) Dealing with the relationship
between public welfare and profit. According to the Education Law, education
should not aim at profit. Under this legal system, the profit-making private
schools have narrow living space. Therefore, the educational legislation should
first modify the higher level law in order to give them the official legal status. At
the same time, we should make a series of corresponding policies, such as the
application procedures, organizational operation requirements, supervision
regulations and policy support system, etc., which will promote the growth of
for-profit private schools as an innovation when they are born. (2) Figuring out
the solution to the unity of educational laws and economic laws. For-profit
private schools are first educational institutions guided by educational laws,
following the Education Law, Higher Education Law, Teacher’s Law,
Vocational Education Law and Private Education Promotion Law, etc.
6.4 Suggestions 163
23
Xu (2005).
24
Lu (2010).
6.4 Suggestions 165
25
Zhuang (2013).
166 6 Governance System of Private Schools
Entrustment of
Entrustment of
audit
economic
responsibility
responsibility
between owners
between owners
and auditors or
and proprietors
board of
directors
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Chapter 7
Rights and Interests Guarantee
of Private School Teachers
The protection of the legitimate rights and interests of private school teachers is an
important part of private education reform and development. As long as teachers’
legitimate rights and interests are guaranteed effectively, private schools will
develop soundly and build a well-developed teaching profession. Therefore, to
guarantee the legitimate rights and interests of private school teachers and students
is an issue worthy of paying close attention to.
The chapter sorts out the policies on the protection of teachers’ rights and benefits,
analyzes the policy implementation and problems about team building and the pro-
tection of rights and interests of private school teachers. The research finds out the
main problems which private school teachers are facing at present. For instance, their
social status is not high, their identity is unclear, the salaries and welfare are insuf-
ficient, the professional titles evaluation is difficult, the teaching staff are unstable
with an unreasonable structure at the same time, teachers don’t show a strong sense of
organizational identification, the professional development is restrict, etc. By ana-
lyzing the causes for the above problems and the analysis based on relevant theories,
this chapter draws a conclusion that a variety of measures should be taken to guar-
antee not only the rights and interests of private school teachers but also the equalities
to public school teachers in respects of professional title appraisal, academic
achievements evaluation, professional development, etc. In future, regulating the
registration types of for-profit and non-profit private schools should be the top pri-
ority. Overcoming the legal obstacles that the non-profit private schools register as
“institutions” or “private institutions” and for-profit ones as “business entities”. The
government, sponsors (investors), teachers, and social stakeholders need to properly
solve the problems of private school teachers’ status, increase teachers’ salaries and
welfare, improve the academic system of professional title appraisal, and encourage
teachers to participate in the school democratic management actively. It is also
important that teachers’ rights and interests in private school should be protected
successfully, there should be sustainable improvement measures for private school
teachers to protect their rights and interests.
Regarding private school teachers’ team building and rights and interests protec-
tion, the existing policy focuses on encouraging, guiding, and mainly supporting
the non-profit private schools (refers to private schools, which do not require to
obtain a reasonable return according to the original policy).
The local government of Guangdong Province implements the policies of private
schools’ classified management actively, and improves the related regulations of
corporate registration, takes the differentiated policy support at the same time. The
local governments actively encourage and support private schools which are funded
by donation or investment, meanwhile, those schools do not require to obtain a
reasonable return, and implement the preferential policies in terms of reward
assessment, financial support, project arrangement, the introduction of talents, and
teachers’ team building, etc.
In Yiwu of Zhejiang Province, the local government is exploring the mode of
classified management of private schools. Yiwu “improves the supporting system
about the differentiated policies on for-profit and non-profit private schools. The
non-profit private schools can have the equal legal status to public schools.”
In Guiyang of Guizhou Province, the local education authority takes classified
management on private education evaluation and the corresponding support system.
The deeds based on promoting private education classified registration. For the
private schools that provide an academic education, the relative department makes
comprehensive evaluations according to the private school’s scale, school condi-
tion, management level, etc. The private schools can be classified into four types
which are highly qualified, excellent, developing, and limited eventually. Then, the
private schools are managed and supported according to the four different types.
7.1 Relative Polices and the Effectiveness 171
The private schools which with standardized school governing structure, corre-
sponding accounting system, and standard regulations to guarantee the basic rights
and interests of teachers and students, those schools can be evaluated as the highly
qualified and excellent ones preferentially. Meanwhile, the school infrastructure
investment and education level are taken into account in the process of evaluation.
In addition, the local department of Guiyang is exploring the supportive policies in
which teachers in highly qualified private education group will join in the autho-
rized academic teacher’s group. The education authorities, along with relative
departments, provide the reasonable authorized academic teachers’ positions in
accordance with the running scale of the highly qualified private education
group. By doing this, they can manage teacher recruitment, and they are responsible
for offering salaries and social security for the new teachers by themselves.
In Weifang of Shandong Province, the local government insists on improving
the supporting policies to help teachers in non-profit private primary and secondary
schools. If the principals or teachers in public schools would like to work in
non-profit private schools, they can still keep their position identity and staff
relations in public schools, and enjoy the same retirement remuneration as the
public school staff. In the process of preparing teachers’ recruitment in public
schools, the seniority of teachers who are hired to work in non-profit private schools
should be calculated continuously based on their original working hours. The
non-profit private school teachers enjoy the same talent recruitments policies as the
public school teachers in the aspects of residence registration, housing security,
children’s schooling, etc.
In the Zhoukou City of Henan Province, the local government encourages pri-
vate schools to become larger and stronger with preferential policies. The gov-
ernment will help a number of non-profit private schools which with high qualities,
distinctive features, and good reputation via sending a certain proportion of public
school teachers to work in private schools. Those teachers will keep the public
school identity and get the basic salaries from public schools, while the
performance-related pay will be paid by private schools.
In order to solve the problem of low salaries and the high turnover rate, all the
administrative departments of education nationwide have taken corresponding measures
to raise private school teacher’s salary by setting up the guiding standards of salaries.
Guangdong Province has vigorously expanded the attractiveness of the positions in
private schools and improved the overall qualities of teachers. Guangdong Province
stipulates that sponsors should put the relative regulations into practice and pay the
teachers’ salaries on time. Guangdong Province also requires the local governments
formulate the salary standard in accordance with the development of local economy
and society as well as local salary standard in public schools. Eventually, private school
teachers’ income is equal to public school teachers’ income.
172 7 Rights and Interests Guarantee of Private School Teachers
1. Private schools improve the social security system for teachers. Guangdong
Province advocates to establish the annual salary system to make teachers in
private schools get the retirement pension equivalent to that of public schools. In
some regions, private schools’ annual salary system will be rewarded, and
teachers will get the relevant allowance.
In Zhejiang, the education authority requires private schools to pay part of the
social insurance for teachers, encourages private schools to establish supplementary
insurance systems such as enterprise annual salary, and improves private school
teachers’ retirement pension. Private school teachers whose insurance are institution
pension insurance can pay the insurance in accordance with local institution stan-
dard and receive the corresponding pension after retirement. Private school teachers
174 7 Rights and Interests Guarantee of Private School Teachers
whose insurance are enterprise pension insurance can pay the insurance in accor-
dance with local enterprise standard and receive the corresponding pension after
retirement. At the same time, it is stipulated that private school teachers transfer
endowment insurance between different endowment insurance systems, and the
years of payment can be calculated continuously according to the provisions.
Among them, Yiwu City stipulates that non-profit private schools’ teachers or
outstanding administrators can join the institution insurance system in accordance
with the standards of institutions and receive the corresponding social security
benefits. Those teachers or outstanding administrators should match conditions
required by talent introduction policy, or have obtained the senior professional titles
and been employed by the certain school, or have obtained intermediate profes-
sional titles and work in private school for more than 3 years, or at least have
master degree.
In Hubei Province, the local government encourages private universities to build
public rental housing for staff on their own land in accordance with the city
planning and land planning. The staff can enjoy the preferential policies of the local
public rental housing. Private universities should pay social insurance and housing
fund for their staff based on the relevant provisions.
In Xiamen City in Fujian Province, the local government encourages private
universities to improve the salary system, explore the annual salary system, and
provide a supplementary pension for the outstanding teachers, so as to improve the
teachers’ retirement pension.
In Guang’an of Sichuan Province, the local government has set up the regular
physical examination system and special subsidies of endowment insurance system
for private school teachers at both municipal and county levels. The schools,
individuals, and governments are required to share the guarantee mechanism of a
private school teacher in order to improve the retirement pension.
In Jiyuan of Henan Province, the local government subsidizes private school
teachers directly by paying 30% of the social insurance and housing fund based on
the city’s last years’ minimum salary standards.
The Xinjiang Uygur Autonomous Region requires bringing qualified teachers
into the urban housing security system of autonomous areas in order to address the
housing problems.
2. Bridge teachers’ retirement pension gap between private and public school
continuously. Shanghai appropriates reward funds to the staff in private uni-
versities with the pension system. Private universities in Shanghai paid 18
million RMB for teachers’ pension in 2013. Shanghai municipal government
allocated special funds for teachers. In order to improve the income of private
school teachers, the administrative department of education in Shanghai links
the income of full-time staff with tuition fees and profits, sets the certain ratio
requirement, which is regarded as the important evidence for the special funds to
support private schools approved by the government.
7.1 Relative Polices and the Effectiveness 175
In order to improve the private school’s teacher quality, local governments have
formulated various policies to promote private and public school teachers’ rational
flow.
In Guangdong Province, the local government is exploring how to strengthen
teachers’ exchange between private and public schools. Among them, the Guangzhou
administrative department of education has carried out “Project of Guaranteeing the
Rights and Interests of Private School Teachers,” and established a two-way flow
system between private and public schools. The administrative departments of edu-
cation at all levels are required to send a certain portion of outstanding administrators
and teachers from public schools to help the teachers in private schools.
Simultaneously, the local government creates opportunities for private school
teachers to work and learn temporarily in public schools. For example, Shantou (a
city in Guangdong) administrative department of education has sent excellent public
school teachers to take a temporary post in private schools. In Maogang District of
Gaozhou, some public school teachers have been selected and sent to teach in private
schools, those teachers keep their original public school identity.
In Hubei Province, the educational authority has established a reasonable
mechanism of teachers’ flowing between private and public colleges or universities.
This mechanism encourages teachers to help each other by sending excellent
administrators and teachers from public school to work or teach temporarily in
private schools. Meanwhile, administrators and teachers who work in private col-
leges or universities, will keep their original identity, and their organizational
affiliations are still in public schools.
In Guiyang of Guizhou Province, the administrative government has innovated
the mechanism of teachers’ flowing and management between private and public
schools, sharing highly qualified teachers. Public school teachers help teaching in
private schools, will keep their original identity, their organizational affiliations,
their social insurances, etc. Private schools are responsible to pay the salaries and
the relevant allowances. Voluntary public school teachers who apply to teach in
private schools will be admitted to their previous schools. Simultaneously, they
should register and record both in relative educational department, and the human
resources and social security department. The employing schools are responsible
for paying salaries. Social insurance will be conducted in accordance with the
relevant provisions, their organizational affiliations will be transferred to the per-
sonal management department; their original salary standard will be taken into
account as the basis to get salary raising, position promotion, professional title
assessment and retirement pension; retirement pension will be calculated and paid
according to those of public schools. Teachers, whose contracts do not get renewed
after the expiration and would like to work in public schools will be treated equally
when public schools recruit new teachers.
176 7 Rights and Interests Guarantee of Private School Teachers
According to the current policy, local personnel service agencies attached to the
government, for instance, local Personnel Bureau or Personnel Service Center,
deputize private school teacher’s personnel management, professional title assess-
ment and recruitment. In addition, local governments try to expand the service areas
of personnel service agencies so as to help private school’s teacher in every aspect,
such as teacher qualification recognition, professional qualification appraisal, sci-
entific research project application, teacher evaluation, teacher’s length of service
calculation, etc.
In Shanghai, the administrative government of education takes priority to bring
the personnel management of private colleges into the whole city’s personnel
management category. Shanghai has established a mechanism to guarantee the
equality. Private college teachers are equal to public college teachers in professional
title assessment, reward assessment, application for scientific research projects,
teachers’ training, etc.1
In Guangdong Province, the local government has established the complete
system of personnel management for private primary and secondary school
teachers. Guangdong explores the independent management system based on the
1
Shanghai Education Committee: Report on Promoting Classification Management of Private
Education in Shanghai [Z] (2014).
7.1 Relative Polices and the Effectiveness 177
principle of territorial management. The above acts aim to guarantee the private
school teachers’ professional development. Moreover, it is clear that private schools
should allocate a certain proportion of funds for teachers’ training. At the same time,
education, human resources, and social security departments should incorporate
private schools into the teachers’ training comprehensive planning. Among them, the
Guangzhou City government has come up with private school teacher file’s
trusteeship system. For example, the personnel services and management center is
entrusted to manage the private school teachers’ personnel files in Baiyun District,
and the finance department pays the cost. Besides, Guangzhou is implementing The
Project of Guaranteeing the Rights and Interests of Private School Teachers. The
project requires educational departments and human resource and social security
departments at all levels to incorporate private schools into the unified management
system, the teacher-related affairs such as the qualification recognition, professional
title assessments, scientific research project application, and teacher appraisal. It is
required to strengthen private schools’ teacher training, and the training cost-sharing
system should be implemented rigorously as done in public schools. Principals and
teachers in private schools and private kindergartens will be fully integrated into the
training system. There are also needs for the research on exploring the feasible modes
of teacher training in private schools. The district-level government (county-level
city) should guarantee the teacher training budget. Private schools are supposed to
guarantee the budget and time allocated for the training of principals and teachers
based on regulations, and complete the required training tasks.2
In Zhejiang Province, the local government explores an innovative teacher
service management system to facilitate private school teachers’ rational flowing.
The system requires the personnel service agencies carry out the personnel work
actively, and help private school teachers in aspects of professional title appraisal,
household migration, social insurance transformation, labor relation connection,
etc.3 In Yiwu City, the local education authority put private and public school
teachers into one teacher training program with the same contents, the same
requirements, and the same treatments, and by doing this it promoted teachers’
professional development. Private school teachers have their own performance
evaluation index system, and the independent work competition, individual
appraisals, and other indexes.4
In Chongqing, the education department has explored to coordinate a system of
strengthening teachers’ team building in private primary and secondary schools.
Chongqing requires the district and county governments be responsible for private
primary and secondary schools’ teacher’s all staff training, the municipal govern-
ment is responsible for the training of private primary and secondary school’s
2
Guangzhou Municipal People’s Government: Proposals on Implementing “Project of
Strengthening Teachers’ Team Building” (2013).
3
Zhengjiang Provincial People’s Government: Proposals on Promoting the Healthy Development
of Private Education (2013).
4
Yiwu Municipal People’s Government: Proposals on Promoting the Healthy Development of
Private Education (2014).
178 7 Rights and Interests Guarantee of Private School Teachers
5
Chongqing Education Commission: Proposals on further Promoting the Development of Private
Primary and Secondary Schools (2013).
6
General Office of Hubei Provincial People’s Government: Proposals on Promoting Private
Higher Education (2013).
7
Xiamen Municipal People’s Government: Proposals on Promoting and Regulating the
Development of Private Higher Education (2013).
8
Kaifeng Municipal People’s Government: Proposals on Promoting the Private Education
(2014).
7.1 Relative Polices and the Effectiveness 179
9
Shanghai Education Commission: Notice of Implementing Project of Strengthening Teachers’
Team Building Program in Private Colleges and Universities (2012).
10
Chongqing Education Commission: Proposals on Further Promoting the Development of
Private Primary and Secondary Schools (2013).
11
Guangdong Provincial Department of Education:Report on the Submission of Regulatory and
Characteristic Development of Private Education [Z].2014.
180 7 Rights and Interests Guarantee of Private School Teachers
personnel plan, they enjoy some preferential policies, such as housing, children
schooling, etc.12
In Yiwu of Zhejiang Province, the local government has established a govern-
ment funding system for purchasing educational service for the non-profit private
schools, which is helpful to implement the teachers’ social security policy. Private
schools which pay social insurance for teachers should take the priority. Students at
qualified private schools will get a subsidy by less than 30% of quota public funds
per student in the equivalent public schools.
Based on the theoretical analysis and understanding about the guarantee of
teachers’ rights and interests in private schools, some areas have carried out
practical exploration and policy adjustment on the basis of relevant theories, the
practice has some achievements. The main achievements are as follows:
1. Teacher’s status is raised because the organizational dualistic structure of “in the
institution” and “out of the institution” does not exist anymore. As a whole, the
status of teachers in private schools is raising continuously. Raising the status of
teachers in private schools involves not only the education system, but also the
government administration departments such as the department of organiza-
tional identity management, department of household registration management,
civil affairs department, human resources, social security departments, etc.
Therefore, it is necessary to standardize the internal and external policies of the
educational system while raising teachers’ status.
Regarding central government’s laws and regulations, Law of the People’s
Republic of China on Teachers stipulates that “every level’s government shall take
measures to protect teachers’ the lawful rights and interests of and raise teachers’
social status,” it advocates “the whole society should respect teachers.”13 The
thirty-third article of Law of the People’s Republic of China on Education also
stipulates that “the state protects the lawful rights and interests of teachers,
improves the working and living conditions of teachers, and raises the social status
of teachers.”14 People’s Republic of China Private Education Promotion Law
specifically aims to “ensure the legitimate rights and interests of teachers in private
schools,” and “the teachers in private schools have the same legal status as those in
public schools.”15 In 2010, the National Mid-Long Term Plan of Education
Development proposed to “implement the equal legal status between the private
schools, students, teachers and public schools, students and teachers in accordance
with the law.”16 In order to implement the educational clauses of the National Mid-
12
Xiamen Municipal People’s Government: Proposals on Promoting and Regulating the
Development of Private Higher Education (2013).
13
National People’s Congress: Law of the People’s Republic of China on Teachers (1993).
14
National People’s Congress: Law of the People's Republic of China on Education (1995).
15
National People’s Congress: Law of the People's Republic of China on the Promotion of
Private Education (2002).
16
The CPC Central Committee and the State Council: The National Mid-long Term Plan of
Education Development (2010).
7.1 Relative Polices and the Effectiveness 181
Long Term Plan of Education Development, the Ministry of Education issued the
Proposal on Promoting Healthy Development of Private Education by
Encouraging and Guiding Private Capital to Get into the Field of Education in
2012 (the 22 Proposal in short). The 22 Proposal requires that “the relevant
departments checkup and rectify all kinds of discrimination policies of private
schools. The regulations, policies and practices, which are incompatible with the
laws of promoting the healthy development of private education should be
removed. Private schools and public schools enjoy the equal legal status, which
shall be implemented to guarantee the lawful rights and interests of private schools
as well as other stakeholders”.17
According to The 22 Proposal, private college’s teachers enjoy the equal status
to their counterparts in public schools in the internal education system. However,
some remained legal obstacles lead to weakening private college teachers’ status
and damaging their rights and interests, especially for the legal person attributes of
private colleges involved in organizational management and human resources and
social security. Therefore, in the forthcoming proposals on promoting the further
development of private education, how to regulate the implementation of policies
out of the education system is an important aspect to raise the status of teachers in
private colleges.
In addition, some typical provinces and cities try to break through the forbidden
zone of the dualistic structure about the status of public and private school teachers.
For example, in order to solve the problem about the status of private school
teachers, some cities in Zhejiang Province, such as Wenzhou, Ningbo, Quzhou,
etc., bring non-profit private school teachers into the “private institutions” or “in-
dependent institutions” when they design a policy. Meanwhile, those cities raise the
status of private school teachers by implementing the relevant policies.
2. Teacher’s salary is raising, China establishes a multilevel teacher salary guar-
antee system. Private school teachers’ salary has increased gradually, and the
social insurance system is transforming from providing “welfare” to providing
the multilevel welfare, including “social insurance,” “supplementary endow-
ment insurance,” “housing provident fund,” and “teachers’ pension system.”
In 1993, Law of the People’s Republic of China on Teachers stipulated that
“salaries of teachers in schools which run by social resources should be determined
and guaranteed by the organizers,” and “the average salaries of private school
teachers should not be lower or even higher than state civil servants.” In addition,
teacher’s salary needs to rise gradually.18 It can be seen that protecting private
school teacher’s salary is the key point. People’s Republic of China Private
Education Promotion Law proposed specifically “private schools are supposed to
17
The Ministry of Education: Proposals on Promoting Healthy Development of Private
Education by Encouraging and Guiding Private Capital to Get into the Field of Education
(2012).
18
National People's Congress: Law of the People's Republic of China on Teachers (1993).
182 7 Rights and Interests Guarantee of Private School Teachers
guarantee the pays and benefits of their staff in accordance with the law.” Private
school also needs to pay teacher’s social insurance. It is the first time that social
insurance appeared in the legal provisions. In order to further enhance the social
security of private college teachers, the concept of supplementary endowment
insurance came into being in 2007. The State Council issued the Proposal on
Strengthen the Team Building of Teachers in 2012, which claimed, “private
schools should not only fulfill the promise on salaries and benefits increment, but
also pay enough social insurance and housing provident funds for the teachers
according to the relevant law and regulations. At the same time, private schools are
encouraged to bring supplementary endowment insurance and medical insurance
into the social insurance system of the teachers.” The 22 Proposal, issued by the
Ministry of Education in 2012, proposed “to put the salaries and benefits of private
school teachers into effect in accordance with the relevant provisions by all means,
such as guaranteeing teachers’ salaries and benefits, paying social insurance and
housing provident funds, and adding supplementary insurance for the teachers.
With the support of concerned departments, the local government should take
measures to establish the annual salary system, which are supposed to improve the
retirement pension of private school teachers, by the means of setting up a system
of special pension subsidies.”19
Based on the analysis of the legal regulations on the private school teachers’
welfare, the keywords, such as “pay and status,” “social insurance,” “supplemen-
tary endowment insurance,” “housing provident fund,” “private school teacher’s
annual salary system,” etc., have emerged in succession. Simultaneously, regula-
tions and policies stipulated more detailed provisions. The welfare policy of private
school teachers is transforming from the single wage system to a multilevel social
security system.
3. The social security system for teachers is improving, and the gap between public
and private schools is shrinking. At present, the social security mechanism with
responsibilities shared by the government, schools, and individuals has been
established initially.
The coexisting social security system of public and private teachers is the key
problem that private education needs to focus on. In this regard, many provinces
and municipalities have issued new legal provisions to establish and improve the
multilevel social security system, exploring the implementation of systems on
endowment insurance, housing provident fund, occupational annual salary system,
enterprise annual salary system, etc.
In the practice of guaranteeing the social security of private school teachers, the
government has formulated the value orientation for private education regulations
and policies. The value changes from encouraging, guiding, and standardizing to
supporting and participating actively. The roles of stakeholders, such as the
19
The Ministry of Education: Proposals on Promoting Healthy Development of Private Education by
Encouraging and Guiding Private Capital Gets into the Field of Education (2012).
7.1 Relative Polices and the Effectiveness 183
20
Shanghai Education Commission: Report on Promoting the Classification Management of
Private Education [Z] (2014).
21
Guangzhou Municipal People’s Government: Proposals on Promoting the Development of
Private Education (2014).
22
The Ministry of Education: Proposals on Promoting Healthy Development of Private
Education by Encouraging and Guiding Private Capital Gets into the Field of Education
(2012).
7.2 The Main Existing Problems 185
At present, the team building of private school teachers has made some achieve-
ments with the vigorous support of multilevel governments, but there are still some
prominent contradictions. Some related problems are even intensified because the
problems concerned with teachers’ rights and interests are not solved timely and
effectively. Many reasons are the cause for this phenomenon. First, the stakeholders
do not take responsibilities. When the stakeholders confront conflicts and problems,
they usually choose to keep away from the problems and take the wait-and-see
attitude or even prevaricate the problems. Second, the stakeholders try to deal with
contradictions in the wrong way, and solve the new problem by the old method.
Third, the system of guaranteeing the rights and interests of private school teachers
is not perfect and some relevant policies have not been implemented in long term.
However, they are not the fundamental reasons. The fundamental reasons are as
follows. Firstly, there is a lack of a classified management system. Secondly, it is
not clear about the school type. Thirdly, regarding teachers’ status, and the corre-
sponding rights protections, the policies are not implemented either by the insti-
tutions, or by those the enterprises. When the system of classified management on
private schools will be established in the near future, the basic rights and interests of
for-profit and non-profit private school teachers will be guaranteed. In addition, a
variety of measures will be taken in accordance with school types and attributes.
Currently, working in private schools are not a preferred choice for many teachers,
especially private colleges and universities. Candidates, who cannot be admitted by
public universities with high qualities or the key universities, have no choice but to
work in private schools. Most college graduates are reluctant to work in private
universities. This is beyond dispute that private school teachers have the lower
social status than public school teacher, and the statuses are not equal by the law.
Some private school teachers say, “I have a sense of discrimination without
approval when out of the campus. When I stand with public school teachers, I have
a sense of powerlessness and ‘inferior’.”
1. The government does not support the team building and rights of private school
teachers vigorously. School owners (investors) and administrators do not realize
the importance of teacher’s social status and the roles the teachers played. The
society and the public should learn more about teachers’ social status. Some
local governments and administrative departments of education do not pay
attention to teachers’ social status and guarantee private school teacher’s rights
seriously. It is prevailing that the educational authorities still hold the opinion
that “private education is just the expedient transition as a supplementation to
186 7 Rights and Interests Guarantee of Private School Teachers
23
Jing (2014).
24
National People’s Congress: The General Principles of Civil Law in China (1986).
7.2 The Main Existing Problems 187
organs for institutions and for social organizations. People’s Republic of China
Private Education Promotion Law defines private education as a public welfare
without making any profit. Thus, private schools cannot simply be registered as a
corporation in practice. At present, most private schools engaged in academic
education (including schools with certain profit-making nature), thus, they register
as “private non-enterprise organization in the Civil Affairs Department.” Actually,
the provision does not practice the General Principles of Civil Law in China, so the
legal person of private schools cannot get the legal recognition, and the policy that
private and public school teachers have the equal legal status cannot be put into
practice. Therefore, the fundamental causes, for the rights of private school teachers
cannot be achieved and guaranteed, are the vague nature of private schools as
private nonenterprise organization, as well as the mutual contradiction between the
relevant existing laws and regulations.
In addition, how to realize the status and rights of private school teachers
involves a number of stakeholders and departments, so it is hard to be truly
achieved in the absence of effective coordination.
25
Liu (2011).
188 7 Rights and Interests Guarantee of Private School Teachers
26
Jing (2014).
7.2 The Main Existing Problems 189
Compared with public schools, the teacher’s overall quality and ability in private
schools is low, which limits private school teacher’s professional title appraisal and
professional development. Due to the historical reasons, some private schools have
27
Jing (2014).
28
Shanghai Education Commission: Report on Promoting the Classification Management of
Private Education [Z] (2014).
190 7 Rights and Interests Guarantee of Private School Teachers
their own full-time teachers, but those teachers’ qualifications and professional titles
are seriously low. Teachers with senior and intermediary titles only take up a small
proportion, which severely restricts teaching profession’s professional development.
1. Compared with the public school teachers, there are no effective professional
development channels for private school teachers in many aspects, such as
professional title and position appraisal, award evaluation, scientific research
project application, teacher exchange, training, etc. Sometimes, teachers in
private schools may get obvious discrimination. Most private school’s principals
and teachers have less access of professional training, their knowledge and
teaching philosophy cannot be updated promptly, and the school management
and teaching level cannot keep up with the needs of social development. Those
will restrict private school development to a great extent. The professional
development activities such as teacher training, scientific research project
application, academic exchange, visiting, etc., are the basis for professional title
and position appraisals. However, the current discriminatory practices against
the professional development of private school teachers have occurred now and
then. A research by surveying teachers from 19 private colleges in Shanghai,
shows that 31.5% of the private university teachers and 47.1% of the private
college teachers did not do any scientific research project in the recent 2 years.
40.2% of the private university teachers, and 50.7% of the private college
teachers did not publish any academic paper. Only 4.3% of the private college
teachers published in more than 3 academic papers. 43.5% of the private uni-
versity teachers and 58% of the private college teachers did not participate in
any academic exchange activities. 71.5% of the full-time teachers of private
colleges did not participate in at least one teacher training.29 We can see it is a
truth that the private school teacher’s rights and professional development
activities are limited, because it is prevailing that private school teachers have
less opportunities to do scientific research, less academic papers published, less
exchange activities, and less trainings. Therefore, if we set the same standard for
private school teachers in professional titles appraisals as their public school’s
counterparts, it will cause a new inequality. Based on current policy’s imple-
mentation effectiveness, it is much harder for private school teachers to get a
professional title after strict appraisals comparing with public school teachers.30
2. Qualifications and criteria affect private school teacher’s professional title
appraisal and professional development. On the one hand, private schools lack
the right to appraise teachers’ professional titles. By the end of December 2012,
175 universities will have the right to evaluate professors as well associate
professors, and 123 universities will have the right to evaluate associate pro-
fessors, those universities are all public institutions. Private colleges have no
29
Xu and Gao (2013).
30
Jing (2014).
7.2 The Main Existing Problems 191
right to appraise teacher’s professional titles.31 On the other hand, the criteria of
professional title appraisal are unitary. For example, private colleges have the
similar criteria with public colleges in the aspect of teacher’s professional title
appraisal. The criteria include political conditions, working hours, teaching
qualities, foreign language, computer skills, academic papers and publications,
the number of research projects and the projects’ ranks and funds, etc.32 The
unified criteria for professional title appraisal do not reflect the particularity of
private schools and their teachers.33
3. Because the training funds for private school teachers are rather limited,
teachers’ professional development are solely based on their own power. On the
one hand, there are few training opportunities for teachers in private schools,
and the training content is not specific. On the other hand, most of the training
funds are paid by private schools, private schools can hardly get the public
financial support. Therefore, funding spent on teachers’ training, scientific
research, academic exchange, visiting, etc., contribute to teacher’s professional
development, can only rely on private schools themselves. In the case of
excessive dependence on tuition fees, it is hard for private schools to provide
opportunities for teachers’ training based on the school’s own economic ability.
Once the schools are incapable and lack motivation, it will affect teacher’s
professional development.
31
The Ministry of Education:List of Colleges and Universities with the Rights to Evaluate
Professors and Associate Professors, 2012.
32
Zhao Heping: Academic Performance is the Core of Professional Title Appraisal, published on
China Social Science Daily, December 28, 2012.
33
Jing (2014).
192 7 Rights and Interests Guarantee of Private School Teachers
rights and interests to participate in school’s democratic is of the least, these factors
are the reason why teacher’s democratic management rights have not fully realized.
1. The system of democratic decision-making and democratic management is
unsound. On one hand, the internal democratic decision-making system is
imperfect. With respect to the internal decision-making systems of private
schools, the provisions in the 19th, 20th articles of People’s Republic of China
Private Education Promotion Law, and the provisions in the 9th, 16th articles
of Regulations for the of Law of the People’s Republic of China on the of
Private Education Promotion Implementation Law have principle provisions,
but it is difficult to put into practice. The decision-making systems of many
private schools are imperfect for it is hard to find the relevant introduction of the
board of directors on their websites and even the duty officers. Although some
private schools have set up the board of directors, the composition of the board
of directors is not standard. The board’s responsibilities are not clear. The
decision-making process is not perfect and lacks standardization. Some directors
are unable to perform their duties, this will affect the democratic management of
private schools, access to democratic management is blocked at the same time.
On the other hand, because the mechanism of teachers participating in the
school democratic management is imperfect, there are fewer opportunities for
teachers to participate in school democratic management, teacher’s unwilling-
ness to participate in school democratic management is rather low. In addition,
teachers do not understand the roles of the staff congress and the labor unions,
the faculty meeting systems do not play a substantive role. Researchers surveyed
the teachers of five private colleges in Hunan Province, 50% of whom thought
they had no chance to participate in the school’s democratic management, while
another 50% of the teachers said they occasionally had the opportunity to
participate in the school’s democratic management. At the same time, about
70% of the teachers thought the school management was undemocratic, and
about 60% of the teachers thought that the school democratic management
became a mere formality.34 In 2012, the statistics showed that 98% of the public
schools have established the faculty meeting system, but only about 40% of the
private schools have labor union system in China.
2. The philosophy of school management and the internal management system are
unscientific. Some sponsors (investors) regard the private school as private
industry, so it is common to find the familial management, paternalism, and
enterprise management in private schools. Some sponsors regard private schools
as a corporation subsidiary, and ignore the private education development law.
Therefore, the school administrators who are directly employed by the board of
directors cannot effectively implement the management functions, and the tea-
cher’s rights of speaking and participation in school democratic management
cannot be fully respected. The entities of private schools are more complex
34
Zhang Wenmei: Research on the Protection of Teachers’ Rights and Welfare in Private
Universities, Scientific Dissertation of Hunan Normal University, 2011.
7.2 The Main Existing Problems 193
because the relevant laws and regulations do not clearly stipulate the rights and
responsibilities between the sponsor (investors) and operators (administrators),
and there are no reasonable regulations to guarantee and restrict the behavior of
sponsors and administrators in the leadership system. Thus, private school
investor’s family invests in private schools; the phenomenon of familial man-
agement and paternalism is wide spreading, so private education becomes
family-owned education. Familial management of private education is similar to
the early private enterprises, which affects the healthy development of private
schools seriously.
In addition, the willingness of private school teachers to participate in the school
democratic management and the sense of belongings also affect the realization of
their rights and welfare. An administrator in private school once said, “we are
considering how to cultivate teacher’s sense of belonging. Our school has made
many efforts, including improving teachers’ welfare and enriching their cultural
activities on campus. We aim to encourage teachers to participate in school man-
agement, but it brings little effect. If teachers have no sense of belonging and
responsibility, they will not really participate in and contribute to school
management.”35
At present, there are three definitions of rights and interests. The first one is that
“rights and interests” are rights. “Rights and interests” are the inviolable rights
which people should enjoy.36 Some scholars believe that it is illogical to regard “the
legal rights and interests” of Law of People’s Republic of China on Administrative
Procedure as two aspects of rights and interests. Because if the violated rights and
interests are rights if they are protected by the Administrative Procedure Law. If
the violated rights and interests are out of the protection of the Administrative
Procedure Law, such interests would be excluded from the provisions of the
Administrative Procedure Law, the connotation of “legitimate interests” should be
rights.37 The second opinion is that “rights and interests” are not equal to rights.
“Rights and interests” include not only all kinds of rights that the natural person and
legal person shall enjoy, as well as the interests which they will retain, pursue,
obtain, be free of accountability, etc. When they exercise their rights, but also the
35
Jing (2014).
36
The Modern Chinese Dictionary, The Commercial Press, 1983.
37
Zhang (2001).
194 7 Rights and Interests Guarantee of Private School Teachers
existing and future interests, which are inviolable. However, the rights and interests
are united in a profound way. “Rights are the effective interest adjustment mech-
anism, interests are the fundamental material which hide in the rights. The com-
bination of rights and interests makes the rights and interests united in the form of
form and content, and in the form of objectivity and subjectivity. Rights are the
legal expression, while interests are the objective contents.”38 Therefore, when we
study the rights and interests, we can only explore the realization of its interests
through the exercise of its rights. Studying the operation and realization of rights is
an important expressive form when we study on rights and interests. There are legal
rights and illegal rights, general rights, special rights, and other forms of rights
according to the different combination of rights and interests. The third point of
view is that “rights and interests” can be divided into rights and interests, respec-
tively. Some previous studies have shown that “rights and interests are the summary
of the legal rights, which are availed by the existing citizens, legal persons and other
organizations, and the corresponding interests gained currently and would gain in
the future.”39 “The legal rights and interests” refer to the social rights and interests,
which are owned by public. The legal rights and interests are recognized, and
protected by laws and regulations.40 Moreover, some researchers believe that rights
are statutory interests, and the interests are purely factual interests which are not
prescribed by law. Once the administrative action involves the factual interests, the
interests fall into the category of “legal interests”, namely “rights”.41 Starting from
the content and elements of the concept of teacher’s rights and interests in private
schools, this part considers that the rights and interests of private school teachers
can include both the legal rights of teachers and the demands of teacher’s individual
interests.
According to the analysis of the rights and interests of private school teachers,
rights and interests in this part refer to the legal rights and the teacher’s interest
demands. Private school teachers should enjoy their rights and interests in their
daily work. Rights and interests are the nation’s permission and safeguard for what
the private school teachers can do and what they cannot do, as well as the
requirement of others about what they can do or cannot do. The rights and interests
of private school teachers mainly include the teacher’s status, welfare guarantee,
professional title appraisal, and school democratic management participation.
Among them, the realization of status of private school teacher’s social status is the
approach to guarantee teacher’s rights and interests. The realization of teacher’s
social status refers that private school’s teachers have the same identity and status as
the public school teachers, which involves the essential relationship between the
government, schools, and teachers. Income guarantee is the material basis of private
school teacher’s right guarantee. Income includes salaries and welfare, all kinds of
38
Chen (2002).
39
Zhang (2000).
40
Gao (1997).
41
Jing (2014).
7.3 Theoretical Basis and Practical Reference 195
42
Barnard: Role of Professional Managers, Chinese Social Science Press, P59.
43
Xiangang Guo. History of Western Management Though. World Publishing Corporation, 2010.
196 7 Rights and Interests Guarantee of Private School Teachers
44
Guo (2010).
7.3 Theoretical Basis and Practical Reference 197
In 1963, the Stanford Institute (Stanford Research Institute) first proposed the
concept of “stakeholder”, which is defined as “the groups, without which the
organization cannot exist.”45 Later, some researchers defined “stakeholder” as “a
natural person or social group who enjoy the legitimate rights and benefits in the
procedural activities and practices.”46 Stakeholders mainly include the shareholder,
employee, customer, supplier, creditor, society, etc. Chinese scholars believe that a
natural person or group, who can exert effect on the business activities or be
affected by business activities, are stakeholders in general. A natural person or
group, who has the direct relationship with the enterprise, is a stakeholder in a
narrow perspective. Only the natural person or group, who have made promise and
contributed to the enterprise, is a stakeholder in a narrower perspective.47 The
representative views of stakeholder theory are as follows.
The ultimate goal of the enterprise is for the benefits of stakeholders. The
enterprise is a series of multilateral contracts between stakeholders, who are the key
bodies of the contracts and provide special resources to the enterprise. Stakeholders
are supposed to enjoy the equal rights of negotiation, so as to ensure the benefits of
the main bodies of the contracts. Therefore, the enterprises should take various
social responsibilities for the stakeholders except for the economic profits, meeting
the common goals and realizing the different demands of stakeholders.
It emphasizes the joint participation of stakeholders and their demands of ben-
efits. The enterprise should not only pursue the benefits of shareholders, but also
seek the overall benefits of all stakeholders, because the enterprise cannot be
45
Freeman (2006).
46
Freeman (1983).
47
Yang and Zhou 2000.
198 7 Rights and Interests Guarantee of Private School Teachers
48
Freeman 2013.
49
Hu 2008.
7.3 Theoretical Basis and Practical Reference 199
First, exploring the approach of breaking through the dualistic structure of “in the
institution” and “out of the institution.” Although there are relative provisions on
the status of private school teachers in regulations and policies, the methods to
guarantee private school teacher’s status and the status supervision system have not
been refined and specified, it will lead to the incomplete implementation of the
regulations and laws. There is a big gap between the status of public school teachers
(in the organization) and private school teachers (out of organization). How to break
the dualistic structure is a thorny problem in China? Different local governments
have taken the following measures. The first one is implementing teacher’s
engagement system, and putting the private school teachers into the personnel
department or administrative department to manage private school teachers. The
second one is the government providing some personnel positions for the out-
standing education groups. Their salaries and social insurance premiums paid by
private schools. In the third place, it is possible to strive for the personnel positions
for private school teachers from the government by governmental purchase edu-
cation services. These practices have played an active role in improving the status
of private school teachers.
200 7 Rights and Interests Guarantee of Private School Teachers
Second, exploring an approach to put the “equal work equal pay” between
private school teachers and public school teachers into practice. Based on the
analysis of the measures of guaranteeing teachers’ rights and benefits in different
regions, we find that different regions have taken a few measures and tried their best
to guarantee the equal treatment of public and private school teachers. Local
governments focus on formulating the salary standards and bridging the gap
between the endowment insurances. Local governments have mainly formulated the
minimum salary standards, offered the public finance subsidy, appropriated special
funds for the development of private education, etc. For example, Guangdong,
Hubei, and Xiamen have formulated the minimum working standards for private
school teachers, and raised teacher’s actual income by various means, such as
teaching allowances, vocational benefits, etc. After the government carried out the
long-term subsidy policy for teachers in Shenzhen, 84.6% of the private primary
and secondary schools have increased the salaries for their teachers, with the
average increase by 11.2%. Thus, the average turnover rate of teachers has
decreased by 16.2%. Guangzhou, Shenzhen, and some towns and districts of
Dongguan have offered a financial subsidy to private school teachers, ranging from
300 to 1000 RMB per month. Besides, some cities are actively exploring to
improve teachers’ welfare in a variety of ways. For instance, the Luohu District of
Shenzhen offers free physical examinations for private school teachers. Baoan
District and Guangming New District gives special allowances to teachers.
Zhongkai high-tech district of Huizhou stipulates that private school teachers can
enjoy the social security subsidies. Guangzhou subsidizes teachers instead of
rewarding and support the annual salary system in private schools.50
3. We are exploring the measures to improve the social security system for private
school teachers. Shanghai Education Commission has been implementing the
annual salary system for private school staff. By doing this to encourage private
schools to pay annual salary for their full-time teachers in accordance with the
annual salary system of enterprises. At present, the annual salary system has
been implemented in all of the private colleges and most of the private primary
and secondary schools as well as private kindergartens in Shanghai. Chongqing
encourages the local governments to establish a financial subsidy mechanism, as
a supplement to the annual salary system for teachers in private primary and
secondary schools, which gradually narrows the gap of pension after retirement
between public and private primary and secondary school teachers.51
50
Guangdong Education Department: Report on the Submission of the Regulatory and
Characteristic Development of Private Education [Z].2014.
51
Chongqing Education Commission: Proposals on Further Promoting the Development of
Private Primary and Secondary Schools (2013).
7.3 Theoretical Basis and Practical Reference 201
7.4 Suggestions53
52
Zhejiang Provincial People’s Government: Proposals on Promoting the Healthy Development
of Private Education (2013).
53
Jing (2014).
202 7 Rights and Interests Guarantee of Private School Teachers
Although many laws and regulations have made the relevant regulations on private
education and teachers’ rights and benefits. China lacks the legal system environ-
ment with justice, standard, and stability, resulting in no practice of the corre-
sponding policies. Actually, there are two types of legal systems on private
education: right system, and order system. From the perspective of the legal rights
of private education, the government should give more freedom to the education
subjects instead of intervention. While from the perspective of the legal orders of
private education, the government should provide sound orders for the reform and
development of private education instead of intervention. In conclusion, on the one
hand, the government should strengthen the construction of the laws and regula-
tions in order to guarantee the legitimate rights and benefits of the legal person and
teachers in private schools. It is imperative to eliminate legal barriers of the
implementation of the relevant policies. On the other hand, the government should
standardize the development of private education, and guide to realizing the rights
and benefits of private school teachers by the legal means.
1. In the revision process of laws and regulations, we should focus on the legal
person registration types of for-profit and non-profit private schools, and elim-
inate the barriers to register private schools as “institutions” and “private
institutions.” The solution is to register private schools as “enterprises.” For
example, to revise the concept of “institutions,” which is defined in the second
article of The Provisional Regulations on the Registration of Institutions.
Besides, it is imperative to delete the twenty-fifth article of Law of Education,
which provisions “any organization and individual cannot run a school or other
educational institution for the purpose of profits.” It is also needed to delete the
twenty-fourth article of Law of Higher Education, which provisions “running
colleges and universities cannot aim to make profits.”
2. The government needs to find out the common benefits and denominator of all
the stakeholders, respecting their demands for rights and benefit. When the
government revises the relevant laws and regulations, the government should
hear the voice of the stakeholders such as sponsors (investors), administrators,
teachers, experts, scholars, etc., to ask and collect their advice as well as making
clear the responsibilities, respectively. Thus, it is sure that there are laws and
regulations regarding guaranteeing private school teacher’s rights and benefits.
3. The government should make sure the policies to guarantee the rights and
benefits of private school teachers that are supposed to be implemented. Private
education with the nature of public welfare is an important component of
China’s education. The government should not only take the responsibility
rather than be a supervisor, but also issue the relevant supporting policies.
Otherwise, it will lead to a crisis of confidence that private school doubts the
7.4 Suggestions 203
governance ability. If the rights and benefits of private school teachers cannot
guarantee, it is difficult to develop private education in a healthy way. Therefore,
the local governments should come up with the specific policies and detailed
measures to guarantee the rights and benefits of private school teachers.
Additionally, more things can be done about it. The specific work is as follows:
(1) To speed up the launch of Proposals on Further Promoting the Development
of Private Education. (2) To build up a coordinative mechanism of private
education. (3) To specify policies on classification management and support.
(4) To advocate the government purchase the education services. (5) To set up
special funds for education development. (6) Specify and implement the policies
which the private schools and their teachers have been expecting in a long term.
However, in the process of policy-making, we should build the partnership rela-
tionship with the government, sponsors (investors) and teachers on the respect of all
the stakeholders, sharing the corresponding responsibilities. It is unwise to wait and
see, even make many excuses. Then, the government should give full play to the
initiatives of all the stakeholders, and meet the stakeholder’s demands with the
incremental benefits. Such measures are helpful to ensure the implementation of the
relevant policies, strengthen the policy implementation and supervision, thoroughly
clean up the discriminatory policies to private school teachers, and eliminate the
barriers which prevent the realization of the rights and benefits of private school
teachers. For example, the phenomena of the “glass door” (it means private school
teacher has lots of rights and benefits nominally, but there are lots of restriction to
realize rights and benefits in practice), and the “spring door” (it means some private
enterprises are kicked out of the market by some hard-and-fast rules). With the
existing situations, private schools are facing new opportunities and challenges. Thus,
it is urgent to further improve the development environment of private education, and
look for the new growth and new development space for private schools.
1. In accordance with the nature of the legal person of private schools registered,
we should take different measures and classification management to build the
teachers’ team and guarantee their rights and benefit. On one hand, we should
explore the different policy options and institutional mechanisms for teacher
team construction and teacher’s rights and benefits protection. In the framework
of classification management on for-profit and non-profit private schools, we
should implement different public financial subsidy policies according to the
natures of the schools. It is also needs to be formulated and implement the
corresponding policies based on the schools’ characteristics and their needs of
development. Besides, we should support non-profit private schools with high
204 7 Rights and Interests Guarantee of Private School Teachers
qualities and special characteristics, guide the non-profit private schools whose
sponsors (investors) do not ask for returns to lead in strengthening the teacher’s
team building and guarantee teacher’s rights and benefits. On the other hand, it
is good to show the individual difference and characteristic when implementing
the classification support and management policies, and set up the points system
and the progressive policies base on the working seniority, payment of social
security insurance, professional titles, etc. Third, private school’s classification
support should prevent new institutional discriminations against for-profit pri-
vate school teachers. Because private schools (for-profit and non-profit) also
partially provide social services, their teachers should unify into the same
planning as public school teachers in the professional training, excellent indi-
vidual assessment, and professional title appraisal. Do not discriminate the
teacher due to their schools’ nature.
2. We should adhere to the principle of relying mainly on the local governments
while seeking assistance from the central government. On one hand, owing to
the comprehensiveness and complexity in the realization of the private school
teacher’s rights and benefits, we need to do well in designing the policy
framework. The relevant administrative departments of the central government are
supposed to eliminate the policy barriers and make every effort to provide a fair
environment. While focusing on policy top-level design, local governments
should be encouraged to explore the approach of private school teacher man-
agement in a bold way. The development of local economy and society differs
significantly from the actual development of private schools, so the central gov-
ernment should seek common ground while reserving difference, and spare the
space to explore the education reform and innovation for the local government,
when investigating and making policies. On the other hand, private schools have
made great contributions to regional economy and society by providing diversi-
fied educational opportunities, alleviating the shortage of financial education funds
and cultivating a large number of applied talents. Therefore, considering the
orientation of private school development, the guarantee of the rights and benefits
of private school teachers should abide by the principle of localized management.
The local government should play a leading and active role according to the
“territorial principle” in the fields of private school teacher’s salary and benefits,
social insurance, professional title appraisal, etc.
3. All the stakeholders, such as the government, sponsors (investors), and teachers
should participate in and take responsibilities altogether. All stakeholders should
establish a new cooperative partnership, playing a corresponding role in dif-
ferent areas. The “stakeholder” policy framework can run through the whole
practice. Strengthening the interactions between the government, private
schools, and teachers, both the subjects of the interactions should have the
substantive communication, need to be being revolved rather than purely par-
ticipation. The interactions should emphasize to solve real problems in the
policy implementation. Besides, the issue of guaranteeing the rights and benefits
of private school teacher involves the interests of a wide range of departments,
such as human resources and social security department, administrative
7.4 Suggestions 205
for the status, salary, social security, professional title appraisals, and democratic
management rights of private school teachers.
1. Make clear that the private school is a legal person and accept the social status
of private school teachers to make private schools more attractive in the
employment market. Non-profit private schools shall register as “private legal
institutions” or “financially independent legal institutions,” where the proportion
of teachers in all school faculties should be roughly the ratio as what in local
public schools. Private school teachers can be included in the social security
system the same as public school teachers. Private school teacher’s basic pen-
sion depends on their file salary and shall be at the same level as the public
school teachers. Besides, the government shall offer a subsidy. The for-profit
private schools shall register as private “non-enterprise units “or” enterprise
legal persons,” where the government can offer a certain number of “institu-
tional job positions.” Teachers, who do not meet the requirements of taking an
“institutional job position,” can be included in the social security system for
enterprise employees. The school will be encouraged to establish the enterprise
annuity system to increase teachers’ retirement pension by purchasing service.
2. It should transform government functions and service ideas, improve the man-
agement methods, and perform the government responsibilities as private edu-
cation regulator. The government should set up the concepts of limitation,
responsibility, rule of law and the serving government, to be a compatible,
cooperative, and protective regulator to private education. When the government
performs its regulating duties, it should also take corresponding responsibilities. It
should also investigate for accountability of the government in action. To break
the ice by solving the prominent problems which private school, private school
teachers, and the public are most interested in. It also should respond to various
claims of private school teachers quickly, and always take teachers satisfaction as
a benchmark in the innovative private education management system. Starting a
new era of private education relies on the support of all teachers.
3. We should build a social security system to improve public subsidy policies
such as differential subsidies, fixed subsidies, special subsidies, research grants,
and incentive subsidies, so as to provide diversified protection for the rights and
interests of private school teachers. Establish a special fund at three levels,
which are the central fund, the provincial fund, and the local fund, to support the
development of private education. Some of the funds can be used to establish a
faculty pension system, strengthen teacher professional development, and sup-
port teacher training projects. Special funds and projects will be included in the
fiscal budget and will increase in proportion with the fiscal revenue growth.
Each year a certain proportion of special funds will be arranged in priority to
guarantee teacher salary, social insurance, and teacher exchange training rights.
To strengthen the supervision of special funds, the funds allocated to private
schools for teachers’ rights and interests shall put into an exclusive account for
exclusive uses. In the school’s accounting system, the funds shall independently
be calculated by projects and budget. The government can supervise the flow
7.4 Suggestions 207
and use of funds through the financial supervision platform of private schools,
and strengthen the performance evaluation of the use of special funds for the
protection of teacher’s rights and interests in private schools.
4. Encouraging and guiding social capital into the field of education in a variety of
ways, expanding the financing channels of private schools, establishing and
improving the financing mechanism so that more money has an access to
education, and be used for teachers. Providing material support for protection of
the rights and interests of the private school teachers. Constructing the com-
prehensive coordination mechanism including both internal and external
departments of the education system to eliminate institutional obstacles for the
protection of the rights and interests of the teachers in private schools.
Establishing a system for co-development of rights and interests of teachers in
both public and private schools to promote equality of teacher’s social status,
remuneration, social insurance, professional title assessment, and democratic
management between public and private schools.
5. Increasing government procurement of educational services, establishing and
improving government procurement of educational services mechanism, and
improving systems such as government subsidies, government procurement
services, student loans, fund incentives, donations, and incentives. Encouraging
private schools to protect lawful rights and interests of teachers without
increasing the economic burden of private schools and school runners.
Optimizing local government service purchasing, establishing social security
and housing fund systems for private school teachers properly, and encouraging
areas and schools to provide supplementary (subsidy) pension insurance and
supplementary housing fund to teachers for they can afford it. Establishing and
improving a mechanism for regular growth of the basic pension for teachers
retired from for-profit private schools gradually. Improving the fund-raising
mechanism for the basic endowment and health insurance. The government,
school funders, and teachers share the cost. Setting up a unified standard for
both public and private school teachers in terms of social insurance subsidy
provided by the government. Social security must be offered by teacher’s pro-
fessional status instead of the property of the school which the teacher serves to.
6. Private school teacher’s professional development should integrate into the
overall planning. First, the government involves less in teacher’s professional
title assessment. Creating classified assessment that private schools can evaluate
their teachers by themselves under the supervision of the government. It is also
to create the professional title evaluation system and standards according to
private school teacher’s features. Encouraging private schools to make per-
sonalized evaluation criteria and review teams according to private school’s own
practices. At the same time, making sure that teacher evaluation is fair,
impartial, and open. Teacher’s evaluation should be subject to the supervision of
all teachers through the public notice system. Second, granting private schools
with the authorities of labor relations and file management. Nowadays, private
schools without the above authorities, and they have to entrust the personnel
management institution to deal with the labor relations and file management
208 7 Rights and Interests Guarantee of Private School Teachers
of “equal work, equal pay,” we should enrich the archives of basic wages and
put the performance salary system for private school teachers into practice.
Private schools should take initiatives to raise funds to meet the demands of
salary packages. As for the wage distribution, we should perfect the internal
allocation system to inspire teacher’s enthusiasm, adhere to the principles of
distribution, such as more pay for more work, competitive pay for outstanding
work, inclining to frontline teachers, excellent teacher, and teachers with lengthy
seniority in the wage distribution.
3. We will build a multilevel security system. Private schools should pay the
endowment insurance, medical insurance, unemployment insurance,
work-related injury insurance, and maternity insurance and housing provident
fund in full amount for teachers. Private schools should establish teacher’s
welfare system, which provides welfare and housing security (subsidies) for
their staff and families. Private schools also should supply the endowment
insurance system and build a multilevel security system, such as enterprise
annual salary system, occupational annual salary system, and commercial
insurance system.
4. The for-profit schools transfer part of the residual claim rights to teachers,
allowing them to hold the shares. By the means of re-allocation, the agents will
be motivated by the residual claim, which not only increase teacher’s income
but also makes them more enthusiastic. A community of investors and teachers
will come into being eventually.
5. We will set up a teacher professional development center and research center to
provide guidance to teachers for the teaching and academic research. The center
is also a platform for communication and training, scientific research, profes-
sional title appraisal, and professional development. We should perfect the
system of teaching and academic leave to ensure teacher’s normal rights and
interests of vacations. It is also important to set up the office to guarantee the
policy implementation, dealing with related issues of teacher’s rights and
interests.
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Chapter 8
New Reality: Supporting and Regulating
Nongovernmental Forces in
Education Sectors
As the international community achieved universal consensus on the vital role and
function of private sector in the process of educational modernization, private
education in China has experienced rapid growth and several reforms during the
past decades. Social capital in education has developed rapidly. Nongovernmental
forces have also participated in the holding of mixed-ownership education, online
education, and many other forms of institutional innovation which is
China-characterized, unprecedented, and upbeating. Overly rapid development has
caused several issues, many of which have been addressed in previous chapters.
Meanwhile, reforms, larger and small, were constantly deepened though there are
always structural obstacles left untouched.
The new law governing private education coming into effect since September
2017 has made for-profit schools legally allowed in China for the first time. Though
China is not the first country in the world to legalize profit-seeking education
entities, China is definitely one of the very first countries to formulate special law
on the legal designations of private schools and national regulation on for-profit
schools. In addition, education administrative departments at all levels were clearly
required to put forward implementation regulations in accordance with the new law
and 15 provinces, autonomous regions, and municipalities including Anhui, Gansu,
Tianjin, Yunnan, Shanghai, Hubei, Zhejiang, Hebei, Jiangsu, Henan, Shaanxi, Inner
Mongolia, Hainan, Qinghai, and Guangdong have already introduced local
enforcement regulations up to now. Under these revised regulations, Chinese pri-
vate education is expected to restructure itself and realize a few specific benefits:
1. Private schools hereafter should be designated and regulated under categories of
profit-oriented and non-profit ones, both of which should give priority to serving
public interest and general welfare and cater to public concerns over quality
education. For-profit schools should be an institutional innovation though no
profit-oriented private school is allowed in the 9-year compulsory education.
2. Social support for the educational system should be continually encouraged in
traditional field and also in new fields where unmet needs and underdeveloped
market niches should unleash the potential of private investments. The share of
international schools, public–private partnership schools, and schools run by
national and global education fund should be increased.
3. Private education should play a larger role in compensating for what public
education cannot do. It should play a vigor role in introducing intra- and
inter-sector competition at the same time. Merger and acquisition and school
reshuffling should be part of the overall push to optimize market structure and
leadership changes be part of the reform to streamline or modernize private
schools if necessary.
China accelerates establishing a long-term mechanism for the development of
private education, in which “supported development” and “regulated development”
are the two parallel streamlines. We are sure to see the following phenomena:
1. Stronger protection for property rights and assent ownership. The state protects
the lawful rights and interests of the founder(s), the president, the faculty, and
the educated of a private school. All the legal person property rights formed by
the invested assets of the founders, state-owned assets, donated properties and
the school’s accumulated assets will be enjoyed by the school, while owners of
for-profit schools have the right to dispose of the school assets legally after
paying taxes. Also, those bodies and individuals who have made outstanding
contributions to the development of non-state education undertaking will be
awarded and commended.
2. Greater autonomy in school governance, especially in setting tuition fee. Before
the amendment was passed, any tuition fee changes should be approved by the
government or let the government to be informed. With the implement of the
new law, some local governments give full autonomy to private schools’ tuition
fee setting and some local governments are planning on giving the autonomy
year by year. Some provinces are piloting on giving various degrees of auton-
omy to human affairs, curriculum, admission, and enrollment.
3. Better education service system and supporting policy system. Education
institutions engaged in production and business activities will be gradually
transformed into enterprises and subject to the corporate law. The transfer
procedures will be standardized, the transitional policies improved, and more
education services that meet market needs should be encouraged. Measures to
support non-profit private schools such as purchasing services, and leasing and
transferring idle state-owned assets, cooperating with social capital, and
awarding funds, incentives for donations, student loans, and grants for schol-
arships are stipulated by the new law and highly favored by private schools.
4. Greater access to the financial market. The old legal framework sets various
restrictions on private schools to perform capital raising in the financial market.
Private schools in short of funds had to bypass the restrictions and adopt
financial vehicles such as “Variable Interest Entities” (VIE) to attract overseas
investors. In addition, education donations are not tax-exempt, the tax-free
qualification procedures are inconvenient, and private financing and operating
funds cannot generally be pledged and loaned, which limited and blocked the
8 New Reality: Supporting and Regulating Nongovernmental Forces … 215
entrance of more social capitals into education. However, the longstanding legal
barriers will be lifted and many private schools will be able to be listed on the
domestic stock market, and more private capital will be able to link with edu-
cation undertakings.
5. Clearer support for reform of quality and efficiency in private schools. Logistics
socialization, entrusted management, and group chain operations are to be
encouraged. Equal cooperation among private schools, off-campus training
institutions, and industry enterprises are also to be encouraged. It is believed that
industry strategies are able to be integrated into the education to realize the
integration of work and study, production and education, school, and enterprise.
These efforts will accelerate the integration of education with industry, com-
merce, culture, sports, and tourism services, and promote China’s social con-
sumption through educational services. In the process of population
urbanization, private education will be relied on to promote urban education
services to cover the resident population, to release the consumption potential of
various education populations, and to nurture and expand educational consumer
groups. Private schools are able to become the highlands of education and
teaching reform where high-quality educational services are provided, the rights
and interests of teachers and students are effectively safeguarded, and the
effectiveness of education supply is highly improved.
6. More reasonable regulation and supervision. Decentralization is an ever-lasting
theme in private sector, and how to transform government functions is an
associated problem inherited in the ongoing administrative reform in China. An
important guarantee for decentralization in private education field is the prin-
ciple of strict entry and tolerant exit. The approval for entering education
industry will be simplified, and unreasonable pre-approval items be eliminated
as a result of the regulatory changes. However, post-event supervision will be
strengthened, and credit rewarding and punishing system will be established.
Where does the private sector go from here? There is no definite answer to what
and how the future looks like, in which the process of private education develop-
ment modifies itself with key players in this arena who interacts every moment. But
at the end of this book, we would like to envision a strong, sustained growth of
private education and it, at times, creates new highlights that drive the education
development and innovation in China.
1. Private education is assumed to be an important part of China’s efforts to
provide more balanced and inclusive education. Private education sector has
already evolved itself to a capable provider that provides education services
from preschool education to higher education, from academic education to
non-diploma education since the reform and opening up. The number of private
schools nearly doubled during the last decade and the private sector will sure to
continue booming in the future. The hematopoiesis function of the industry will
be highly enhanced, thereby expanding education supply with a new batch of
education products and services that further enhances the fairness in access to
education and experience in education.
216 8 New Reality: Supporting and Regulating Nongovernmental Forces …