中小学校外培训机构指的是社会组织或个人利用非国家财政性经费、集资开办、面对中小学生进行学科类和非学科类有偿办学培训的机构。作为社会力量办学的一种重要方式，中小学校外培训机构在丰富教育资源供给、满足人们差异化教育需求等方面发挥了重要作用。但是在实践领域，校外培训机构自身存在着超范围超时间超负荷培训、师资不合格、教材使用不当、虚假广告宣传、恶性市场竞争等问题。2021年7月，中共中央办公厅、国务院办公厅印发《关于进一步减轻义务教育阶段学生作业负担和校外培训负担的意见》（以下简称“双减”政策），开始针对校外培训机构进行专门化的综合性治理。

“双减”政策实施以后，校外培训机构又面临着隐形变异学科类培训、卷款跑路、机构教师下岗失业等新的问题，部分家长培训需求也得不到满足。面对“双减”政策前后培训机构自身出现的新老问题，存在治理困境，因此需要对相关治理问题进行研究。通过前期的文献梳理，发现以往的治理：在形式上呈现出滚动式与碎片化的特征，忽略了治理的系统性；在治理手段上强调单一的刚性执法，治理的执法手段不够科学；在依据上大多为庞杂零散的柔性政策，治理的规范性法律文本依据不足。基于此，本研究总结已有研究的相关经验，立足法律进行科学治理，运用多元化、层次化的法律治理手段，对中小学校外培训机构的运营与治理问题进行规范性的法律规制。同时，以相关理论视角为重要切入点，结合现状访谈的实践关照，聚焦校外培训机构治理国家和地方的法律政策文本问题，进一步探讨我国中小学校外培训机构法律治理的可为路径。

首先，通过梳理文献，提出中小学校外培训机构法律治理研究的必要性，并在此基础上，聚焦有关法律治理方面的研究问题与思路，总结现有文献研究主要研究内容、研究方法以及研究视角，进而提炼出本研究的主要研究方向及其意义和价值。同时，为校外培训机构的法律治理研究寻觅适切的理论基础。在现状分析部分，以“公私合作”理论为依据，同时构建调研访谈提纲理论指标；在文本分析部分，以“制度逻辑”理论为抓手和视角，融入“制度逻辑”理论分析。

其次，在具体的现状研究和文本分析部分，一方面，在相关科研单位和机构公布的“双减”改革部分数据结果的基础上，提炼出中小学校外培训机构治理的总体成效和趋势以及法律治理方面存在的一些问题。在此基础上，通过对不同利益相关者进行深度访谈，更加客观全面的了解中小学校外培训机构治理实践领域现状，并进一步引申出法律治理领域中的实践难题。另一方面，重点梳理国家和地方对校外培训机构治理出台的相关法律政策文本，总结治理文本特征，进而在文本分析中得出校外培训机构法律治理存在：法治不足，实践问题难以解决；规范性文件审查欠缺、监管执法依据存在质疑；法律关系不明、权利义务边界模糊等问题。

最后，立足现状与文本分析，在“公私合作”、“制度逻辑”理论基础上，变“堵”为“疏”，强化政府等公共部门与培训机构等私营机构的合作关系，注重多元主体联合治理，进一步提出了校外培训机构法律治理的对策建议。其一是合作治理，强化校外培训机构治理法律保障。针对校外培训机构在现有部分法律中作为调整对象不够周延、相关法律规定内容语焉不详、指向不明等问题，亟需出台专门性的法律界定校外培训机构的法律属性，明确合作治理等立法基本原则，健全合作治理立法规制的主要内容。其二是制度优化，建立科学的执法监管制度。监管与执法是校外培训机构法律治理的重要组织环节。主要包括构建执法评价指标体系、打造专业化综合执法队伍、完善央地规范性文件审查监督机制、健全执法监管配套体系。其三是厘清法律责任与义务，强化权责关系，创建权利救济制度。通过最大限度促进校外培训机构合法化发展，需要强调不同利益相关者的合作参与和共同治理法律责任，同时构建多部门审批、监管与行政执法权责清单。

Primary and secondary school off campus training institutions refer to institutions that social organizations or individuals use non-state financial funds, raise funds, and provide paid academic and non academic training for primary and secondary school students. As an important way for social forces to run schools, extracurricular training institutions in primary and secondary schools have played an important role in enriching the supply of educational resources and meeting people's differentiated educational needs. However, in the practical field, off campus training institutions themselves face problems such as excessive scope, time, and load of training, unqualified teachers, improper use of textbooks, false advertising, and vicious market competition. In July 2021, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Further Reducing the Homework and Off campus Training Burden of Students in Compulsory Education Stage" (hereinafter referred to as the "Double Reduction" policy), and began to carry out specialized comprehensive management for off campus training institutions.

After the implementation of the "double reduction" policy, off campus training institutions are facing new problems such as hidden variations in subject training, runaway payments, and unemployment of institutional teachers. Some parents' training needs are also not being met. Faced with the new and old problems that training institutions have faced before and after the "double reduction" policy, there is a governance dilemma, so it is necessary to conduct research on relevant governance issues. Based on the previous literature review, we found that the previous governance was characterized by rolling and fragmentation in form, ignoring the systematic nature of governance; Emphasizing a single rigid law enforcement approach in governance means, and the enforcement methods of governance are not scientific enough; In terms of basis, most of them are complex and scattered flexible policies, with insufficient normative legal texts for governance. Based on this, this study summarizes the relevant experience of existing research, conducts scientific governance based on the law, and uses diversified and hierarchical legal governance methods to regulate the operation and governance of extracurricular training institutions in primary and secondary schools. At the same time, taking the relevant theoretical perspective as an important entry point, combined with the practical care of current interviews, focusing on the legal and policy text issues of off campus training institutions governing the country and local areas, further exploring possible paths for the legal governance of off campus training institutions in primary and secondary schools in China.

Firstly, by reviewing the literature, the necessity of studying the legal governance of extracurricular training institutions in primary and secondary schools is proposed. Based on this, research issues and ideas related to legal governance are focused, and the main research content, methods, and perspectives of existing literature are summarized. The main research direction, significance, and value of this study are extracted. At the same time, seek appropriate theoretical foundations for the research on legal governance of off campus training institutions. In the current situation analysis section, based on the theory of "public-private partnership", while constructing the theoretical indicators of the research interview outline; In the text analysis section, using the theory of "institutional logic" as the starting point and perspective, integrate the theoretical analysis of "institutional logic".

Secondly, in the specific current situation research and text analysis section, on the one hand, based on the data results of the "double reduction" reform released by relevant scientific research units and institutions, the overall effectiveness and trends of governance in primary and secondary school off campus training institutions, as well as some problems in legal governance, are extracted. On this basis, through in-depth interviews with different stakeholders, we can gain a more objective and comprehensive understanding of the current situation in the governance practice field of off campus training institutions in primary and secondary schools, and further extend the practical challenges in the field of legal governance. On the other hand, the focus is on sorting out the relevant legal and policy texts on the governance of off campus training institutions issued by the state and local governments, summarizing the characteristics of the governance texts, and then analyzing the text to conclude that there are shortcomings in the legal governance of off campus training institutions, such as insufficient rule of law and difficulties in solving practical problems; Lack of review of normative documents and questioning of regulatory and law enforcement basis; Issues such as unclear legal relationships and unclear boundaries between rights and obligations.

Finally, based on the current situation and text analysis, and based on the theories of "public-private cooperation" and "institutional logic", we have transformed "blockage" into "sparsity", strengthened the cooperative relationship between public departments such as the government and private institutions such as training institutions, emphasized the joint governance of multiple subjects, and further proposed countermeasures and suggestions for the legal governance of extracurricular training institutions. One is cooperative governance, strengthening legal protection for the governance of off campus training institutions. In response to issues such as inadequate regulation of off campus training institutions in some existing laws, unclear content and direction of relevant legal provisions, it is urgent to introduce specialized laws to define the legal attributes of off campus training institutions, clarify basic legislative principles such as cooperative governance, and improve the main content of legislative regulations on cooperative governance. The second is to optimize the system and establish a scientific law enforcement and supervision system. Supervision and law enforcement are important organizational links in the legal governance of off campus training institutions. This mainly includes building a law enforcement evaluation index system, building a professional comprehensive law enforcement team, improving the review and supervision mechanism of central and local normative documents, and improving the supporting system of law enforcement supervision. The third is to clarify legal responsibilities and obligations, strengthen the relationship between rights and responsibilities, and create a system of rights remedies. By maximizing the legalization of off campus training institutions, it is necessary to emphasize the cooperation and participation of different stakeholders, as well as the legal responsibility of joint governance. At the same time, a list of approval, supervision, and administrative law enforcement powers and responsibilities for multiple departments should be established.