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ERIC Number: EJ889824
Record Type: Journal
Publication Date: 2009
Pages: 24
Abstractor: As Provided
Reference Count: N/A
ISSN: ISSN-1061-1932
Rationality or Legitimacy: Analysis of the Controversy over Reasonable Returns for China's Privately Run Schools
Bing, Shui
Chinese Education and Society, v42 n6 p6-29 Nov-Dec 2009
Logical analyses of legislative texts show that the root cause for the huge controversy elicited by the issue of reasonable returns for China's privately run schools lies in the fact that legislators have confused public benefit versus non-public benefit and profit making versus non-profit making, concepts that pertain, respectively, to two different legal domains--public law ("jus publicum") and private law ("jus privatum"). The Promotion of Privately Run Schools attempted to establish a balance between legal logic and social reality by using the ambiguous expression "reasonable returns" but succeeded only in miring "reasonable returns" in an awkward scenario of being neither reasonable nor lawful in social reality and large numbers of privately run schools are obliged to play a game of "cat-and-mouse" with the government. Hence, the current practice of differentiating publicly run and privately run schools by means of the ownership system should be changed and replaced by differentiating between profit-making and non-profit-making schools according to legal standards. (Contains 3 tables, 3 figures and 41 notes.)
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: China