营利性民办学校终止的法律适用研究——以《民促法》与《公司法》《破产法》的比较为进路

A Study of the Application of Law of the Termination of Profit Non-State School

According to Non-State Education Promotion Law of the People?s Republic of China amended in 2016， non-state school includes proftt and nonproftt schools， and a proftt school should be identified as a company according to the legal system in China. However， profit non-state schools have the feature of public undertaking. This s the major difference from general companies， but not reflected in the current commercial regulations and laws. Compared with general companies， stricter regulations should be applied to profit non-state schools in commercial organization and behavior a.ws. Currently， there is inconsistency in terms of the termination reason and procedures of profit non-state schools prescribed in the newly amen- ded Non-State Education Promotion and Law Company Law and Bankrupt Law of China. With regard to law application， through law-based reasoning and justification， we should clarify the law evidence used to terminate a profit non-state school， and correct the unreasonable regulations.