《民办教育促进法》修改过程中的合法性问题探讨

Exploration of Legitimacy Realignment in the Modifying Process of Minban Education Law

Modifying Minban Education Law can be viewed as an institutional change. The process reflects change of both minban education per se and public expectation to minban education. In the process， reform ideology is prerequisite. Professional staff proposed the“categorization” (fenlei guanli) to replace previous“reasonable return” (heli huibao). Administrative agencies accepted the aforementioned proposal and pushed it into practice under a controversial situation. Law makers finally approved the revised law. Although China’s new Minban Education Law resembles its foreign counterpart in terms of division of for -profit and nonprofit education institutions， it still maintains certain historical legacy. The paper elaborates four rationales or logics adopted by four social groups.