《民办教育促进法》修法决定中“补偿奖励条款”研究

A Research on the Compensation or Awarding Clause of the Law-Amending Decision for the Non-Governmental Education Promotion Law

The Compensation or Awarding Clause of the Law-Amending Decision made by the Standing Committee of National People's Congress regulates the general policy framework for the existing non - governmental schools’(established before the publication of Law-Amending Decision on November 7th， 2016) disposal of surplus property during their transformation. However， due to the literal ambiguity of the Compensation or Awarding Clause， local governments have different comprehending deviations when enacting implementation suggestions. Based on in-depth discussion on the validity and rationality of these comprehending deviations， this thesis draws the following conclusions: firstly， to get compensation or awards is the general rights of non-governmental schools， which has no relations with their choices upon the implementation of the new law; secondly， local governments that enact compensation or awards policies shall fully match the regulation of the main factors of the Law -Amending Decision; thirdly， the performance of non -governmental schools shall be evaluated mainly based on their students， including both graduates and enrolled students.