Journal of East China Normal University(Educationa ›› 2018, Vol. 36 ›› Issue (2): 46-53+154.doi: 10.16382/j.cnki.1000-5560.2018.02.005

Previous Articles     Next Articles

Legalization of Interest Relationship in China's Private Schools: A Perspective of Financial and Tax Law

YU Hao   

  1. Law school, East China Normal University, Shanghai 200241, China
  • Online:2018-04-20 Published:2018-03-22

Abstract: The legalization of interest relationship is an important aspect of the legal construction of pri-vate schools, which not only carry public interest, but also pursue private interest. This involves a variety of specific interest relationship, including the relationship with national interest, social public interest and pri-vate interest. Interest is closely connected with law, particularly with the financial and tax law. By confirming the attribution of interest, harmonizing conflicts of interest and promoting the realization of interest, the finan-cial and tax law realizes the legalization of the interest of private schools. While China's current financial and tax law of private schools embodies the cognitive logic of the legalization of finance and taxation, there remain some limitations, which should be overcome through providing equal nonprofit support to both private and public schools, offering preferential taxation policy to the founder of non-profit schools, and affording a hands-off policy to the establishment of for-profit compulsory schools and so on.

Key words: private school, interest relationship, the legalization of finance and taxation