随着我国民办教育事业的发展壮大，民办教育的立法已经提到国家立法部门的议事日程，并列入立法计划。同时，民办教育的立法也成为当前民办教育理论界和民办教育工作者关心、讨论的一个热点话题。关于民办教育立法，有以下几个基本问题需要明确。　　一、是立《民办教育法》 With the development and expansion of private education in our country, the legislation on private education has referred to the agenda of the state legislature and incorporated it into the legislative plan. At the same time, the legislation of private education has also become a hot topic of concern and discussion of the current private education theory circles and private educators. On the private education legislation, there are several basic issues need to be clear. First, is to establish “private education law”