Legislative Definition of the Meaning of NotforProfit and Its Implications for the Development of Private Education ——From the Legislation of PhilanthropyLaw to the Revision of Private Education Promotion Law
China Institute for Educational Finance Research， Peking University， Beijing 100875
Abstract：China’s original law didn’t clearly define the meaning of notforprofit. PhilanthropyLaw passed recently firstly provides nonproperty distribution as the legislative standard of notforprofit， which is similar to international practice， i.e. nonprofit distribution. In addition， PhilanthropyLaw provides a series of protection rules which include the rule for the treatment of the residual properties of the liquidated charitable organization. The rule of reasonable return provided by previous PrivateEducationPromotionLaw blurred the meaning of notforprofit， which influenced the related institution design and was not good for the development of genuine nonforprofit schools. PrivateEducationPromotionLaw revised recently complies with the legislative spirit of Philanthropy Law， pursuingtheharmonyoflegalsystem， abandoningtheruleofreasonablereturn， clearingthemeaningofnotforprofit， andprovidingrelatedprotectionrules. Intheend， therevisedlawwillbehelpfulforthehealthydevelopmentofgenuinenotforprofitschools.
