Abstract: The restructuring of China's private education began more than three decades ago. However, the disproportionate private schools not including kindergartens in China are still very weak and their rights are not properlyguaranteed. An important reason for this is that many lawmakers, administrators and school owners are completely ignorant of the international conventions, which are legally binding in China. This studydeals with the articles concerning education in the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child, discussing their legal effect on and significance to private schools in this country.

Key words: education law, international treaties, private education, the third sector, education service