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《民办教育促进法》等法律法规并没有明确规定,民办学校与民办非企业单位、事业单位、公司在退出机制方面是否完全同一,又是否存在不同之处。这是分类管理背景下民办学校退出的主要问题所在。可从非营利性民办学校退出与民办非企业单位退出的制度设计比较、非营利性民办学校退出与事业单位退出的制度设计比较、营利性民办学校退出与公司退出的制度设计比较等方面,对这一问题进行分析。就法律机制而言,要解决民办学校退出的法律规范之间的冲突,可从预防冲突、排除冲突和裁决冲突三方面着手。
The Law on Promoting Private Education and other laws and regulations do not clearly stipulate whether there are differences between private schools and non-government-owned non-enterprise units, public institutions and companies in terms of withdrawing from the mechanism. This is the main issue of the withdrawal of private schools in the context of classified management. From the nonprofit private schools with the withdrawal of private non-enterprise units to withdraw from the system design comparison, nonprofit private schools to withdraw from the institutional design and the exit of institutional comparison, for-profit private schools to withdraw from the system with the company exit design comparison, etc., This issue is analyzed. As far as the legal mechanism is concerned, the conflict between legal norms of private schools to be withdrawn can be solved from the aspects of conflict prevention, conflict elimination and conflict of judgment.