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《民办教育促进法》的立法宗旨是“促进”民办教育,但因教育事业的“公益性”与“民”出资办学的“逐利性”相矛盾,其所设置的法律框架在许多问题上存在尴尬和困惑,难以真正实践“促进”。如何从公法与私法的结合中探讨出一套适应我国经济和社会发展的现实需求,实现教育公益性和资本逐利性的最佳平衡和有机统一的法律制度,以保障民办高等教育事业的健康发展,是一个无法回避的课题。
The legislative purpose of the Law on the Promotion of Private Education is to “promote” private education. However, due to the contradiction between the “public welfare” of education and the “profit-seeking” funded by “public” education, The legal framework set up is embarrassed and confused on many issues and it is difficult to actually practice “promoting”. How to explore a combination of public law and private law to meet the actual needs of our country’s economic and social development, to achieve the best balance between educational public welfare and capital for profit, and the organic unity of the legal system in order to protect the health of private higher education Development is an unavoidable issue.