||Due to declining of birth and school-age population, they caused an impact on all aspects of the social structure, economic development, population policy, education and culture. Because private schools are oversupply, caused by insufficient number of students, difficulties in the operation of the school, especially in the higher education stage. The Ministry of Education response to the problem of low birth-rate and reduce the impact on schools, plan to start University shuts down mechanism, and to develop the indicators, including：1. insufficient school enrollment or student registration rate is too low; 2. bad evaluation results; 3 long-term staff salary arrears; 4. excessive teacher turnover and retirements; 5. poor financial situation in accordance with the financial forecasts; 6. curriculum planners and improvements submitted did not pass ; 7. The fact that there is illegal and so on.|
However, private school shuts down is very huge impact on people's rights and interests. It not only against the student's Right to Education and The Right to Learn, teachers also infringed the right to work and the school's property, but there is no correlated regulations or authorization, only by the evaluation result, the number of students, teacher’s separation rate and other indicators. It did not give the people the opportunity to be heard and the procedural safeguards. This paper aims to review and analyze them on the issues and make recommendations, in order to minimize disputes affecting of the declining birthrate and shut down of private schools. In addition to the due process of law and the principle of legal reservations, matters related to the rights and obligations of the people should be considered.
Therefore, education authorities should establish and improve the mechanism of the shut down strategy. Competent authority shall formulate the specifications and supporting measures with the specific conditions and procedural matters. So that private schools have a clear legal basis and standards for shut down. When the final decision was made, people should also be given to the relief, in order to protect their rights. Schools also should develop self-characteristics, to seek ways of transformation or innovation, thereby exchanges and cooperation with domestic and international schools to enhance the competitiveness of schools and students, to attract more attendance at school.