Article 32
A cooperative educational
institution should accept the guidance, control,
supervision, appraisal and checks by the educational
administrative department.
Article 33
In one of the following cases, a cooperative
educational institution may apply to the approving
authorities for dissolution:
When a
situation defined as fit for dissolution by the articles of
association of the school arises;
When
it has failed to reach the set
objectives;
When there is a serious
shortage of the resources (such as fund, student supply or
teaching staff) for normal operation .
Article 34
After the dissolution
of a cooperative educational institution, the educational
administrative department or a professional department in
charge under the State Council shall organize the relevant
financial and auditing departments to conduct liquidation of
the school property; part of the property of the cooperative
educational institution after liquidation shall be returned
to or converted into money and repaid to the original
contributors according to the original agreement, and after
the aforesaid payment, the part of the school property
including donations from various quarters of the society
shall become state property and to be used to develop
education.
Upon dissolution of a
cooperative educational institution, the founders in charge
shall make proper arrangements for the resettlement of the
students at school.
Article 35
When the council of a cooperative educational
institution is unable to convene because of major disputes
or because of breaches of the law, the educational
administrative department shall order it to make
consolidation within a specified time, and if it has not
been consolidated in time or to 10 avail, the educational
administrative department in charge shall order it to be
reorganized or to take necessary measures to make due
consolidation in accordance with the articles of association
of the council.
Article 36
If a
cooperative educational institution violates these
provisions in one of the following ways, the educational
administration of the provincial level shall mete out an
administrative penalty of a warning, a fine, confiscation of
the illegal gains, ordering it to make consolidation within
a specified time, or to suspend enrollment or suspend
operation in the light of the gravity of the case:
Starting preparations for establishment
or starting enrollment without official
approval;
Winning approval for preparing
for establishment or officially establishing a school and
starting enrollment by means of lies, fraud and false
certification;
Taking tuition or
granting diplomas or certificates in violation of relevant
provisions;
Poor management and inferior
teaching quality;
Other law breaking
activities.
Article 37
The party
concerned who does not agree to the administrative penalty
may plead for a review of the case or bring up an
administrative procedure. If the party does not request for
review or bring up an administrative procedure within the
legitimate time limit and refuses to accept the penalty, the
educational administration may request the people's court to
coerce the party to accept the
penalty.
Article 38
Disputes
between the Chinese and foreign parties to cooperative
education over a contract or articles of association may be
settled through consultation or mediation. If the parties do
not agree to settle the dispute through consultation or
mediation, or if consultation or mediation fails, they may
bring the case for a Chinese arbitral body for arbitration
in accordance with the written clauses or agreement already
reached. If there are no written clauses or agreement on
arbitration, either party may bring the case to a Chinese
court.