Education Law of People's Republic of China

General Provisions

The first order to develop education, improve the quality of the whole nation, and promoting socialist material civilization and spiritual civilization, according to law.

The second levels of education in the territory of the People's Republic of China, Republic of China.

Article 3 The State adhere to Marxism-Leninism, chairman and ideological construction of the theory of socialism with Chinese characteristics as a guide, follow the basic principles established by the Constitution, the development of socialist education.

Article education is the foundation of the socialist modernization drive, safeguard national priority to the development of education.

The whole society should care for and support the development of education.

The whole society should respect teachers.

Article 5 Education must serve the socialist modernization drive, to serve the people, it must be combined with productive labor and social practice, training comprehensive development of socialist builders and successors of moral, intellectual, physical, and aesthetic aspects.

Article education should adhere to Lide tree people, to strengthen the socialist core values education for the educated, enhance social responsibility, innovative spirit and practical ability of the educated.

Educated in patriotism in the country, collectivism, socialism with Chinese characteristics education, education ideals, morality, discipline, rule of law, national defense and national unity.

Article VII education should inherit and carry forward the fine historical and cultural traditions of the Chinese nation, absorb all the outstanding achievements of human civilization.

Article VIII of educational activities must comply with national and public interests.

State education from religion phase separation. No organization or individual may make use of religion to engage in activities that interfere with the educational system.

Article IX People's Republic of China citizens have the right and obligation to receive education.

Citizens, regardless of nationality, race, sex, occupation, property status, religious belief, shall enjoy equal access to education law.

Article X of the State according to the characteristics and needs of minorities, ethnic minority areas to help the development of education.

State support for remote and poor areas to develop education.

State support and the development of educational undertakings for the disabled.

Article 11 To meet the needs of economic development and social progress of the socialist market economy, promote education reform, promote the coordinated development of education at all levels, convergence intermediation, improve the modern national education system, improve the system of lifelong education, improve the modernization level of education.

State takes measures to promote equity in education, to promote the balanced development of education.

State support, encourage scientific research and education organization promoting educational research achievements, the promotion of education quality.

The basic teaching language, schools and other educational institutions Article XII of the national common language for schools and other educational institutions should use the national common language education teaching.

Ethnic autonomous areas with minority student-centered schools and other educational institutions, from reality, the use of the national common language and the national or local national common language for bilingual education.

State takes measures for the implementation of student-minority schools and other educational institutions to provide bilingual education and support conditions.

Article 13 The State made outstanding contributions to the development of education organizations and individuals will be awarded.

Article XIV The State Council and local governments at all levels in accordance with the principle of hierarchical management and division of responsibility, leadership and management education.

Secondary education and education under the leadership of the State Council, is managed by the local people's government.

Higher education administration by the State Council and provincial, autonomous regions and municipalities.

Article XV The education administrative department in charge of National Education, overall planning, coordination and management of the country's education.

Local people's governments above the county level administrative departments of education in charge of education in their respective administrative areas.

Other people's governments at or above the county departments in their respective areas of responsibility, responsible for work-related education.

Article XVI of the State Council and local people's governments above the county level shall report education and education budget, final accounts to the people's congress or its standing committee, accept supervision.

Chapter II Basic Education System

Article 17 The State applies pre-school, primary education, secondary education, school education system of higher education.

The State shall establish a scientific schooling system. Set up schools and other educational institutions in the schooling system, forms of education, length of schooling, enrollment targets, training objectives, etc., by the State Council or authorized by the State Council administrative department of education.

Article 18 The State to develop pre-school education standards, to speed up the popularity of pre-school education, construction of urban and rural, especially in rural pre-school public service system.

Governments at all levels shall take measures to provide conditions and support for school-age children receive pre-school education.

Article XIX national nine-year compulsory education system.

Governments at all levels to take various measures to protect school-age children, adolescents access to education.

Age children and adolescents of parents or other guardians and relevant social organizations and individuals obliged to make school-age children and adolescents receive and complete the required number of years of compulsory education.

Article XX The State applies the system of vocational education and continuing education.

Governments at all levels, relevant administrative departments and industry organizations as well as enterprises and institutions shall take measures to develop and protect the citizens vocational school education or vocational training in various forms.

The state encourages the development of various forms of continuing education, civic education aspects of the political, economic, cultural, scientific, technological, business and other appropriate forms of promoting mutual recognition of different types of learning outcomes and convergence, and promote lifelong learning.

Twenty-one countries to implement national education examination system.

National Education Examination to determine the type of education administrative department of the State Council by the institutions to implement education exam approved by the state contractors.

Article 22 The State practices system of education certificates.

Established or recognized by the approval of the State schools and other educational institutions in accordance with relevant state regulations, issued by the diploma or other education certificates.

Article 23 The State applies degree system.

Degree-granting units according to the law reaches a certain level of academic or professional skills of staff conferred appropriate degrees awarded diplomas.

Article 24 governments at all levels, grass-roots mass self-government organizations and enterprises and institutions shall take all measures to carry out literacy education program.

According to state regulations have the ability of citizens to receive education to eliminate illiteracy shall receive literacy education.

Article 25 The State practices system of supervision and evaluation system education schools and other educational institutions.

Chapter III schools and other educational institutions

Article 26 countries to develop educational development plans and runs schools and other educational institutions.

The state encourages enterprises, institutions, social groups and other social organizations and individual citizens to establish schools and other educational institutions in accordance with law.

State-run schools and other educational institutions should adhere to the principle of diligence and frugality.

With financial funds, donated assets or participating schools and other educational institutions shall establish held for-profit organization.

Article 27 The establishment of schools and other educational institutions must meet the following basic requirements:

(A) organizational structure and statutes;

(B) qualified teachers;

(4) having the necessary education funding and a stable source of funding.

Article 28 The establishment of schools and other educational institutions, modification or termination shall be handled in accordance with relevant state regulations examination, approval and registration or filing procedures.

Article 29 The exercise of schools and other educational institutions the following rights:

(A) in accordance with the articles of association of independent management;

(B) the organization and implementation of educational activities;

(D) against educatees school management, reward and punishment embodiment;

(5) to issue the relevant academic certificates educated;

(F) the appointment of teachers and other staff, the implementation of reward and punishment;

(Vii) management, the use of facilities and funding of the unit;

(H) any organization or individual teaching activities of unlawful interference;

Other rights provided for in (nine) laws and regulations.

The State protects the lawful rights and interests of schools and other educational institutions shall be inviolable.

Article 30 Schools and other educational institutions shall perform the following duties:

(A) compliance with laws and regulations;

(2) to implement the national education policy, the implementation of national teaching standards of education to ensure education quality;

(3) to safeguard the educated, teachers and other legitimate rights and interests of workers;

(D) in an appropriate manner to the educated and their guardians to the educated academic performance and other relevant information to facilitate;

(5) to collect fees according to relevant state regulations and public fees;

(6) to accept supervision according to law.

Article 31 Schools and other educational institutions of the organizers in accordance with relevant state regulations to determine their management system organized by schools or other educational institutions.

Schools and other educational institutions of the president or the principal administrator must, within the territory of China have settled by the People's Republic of China nationality, citizens of the state and have the qualifications to serve as its dismissal in accordance with relevant state regulations. School teaching and other administrative responsibility of the president.

Schools and other educational institutions shall, in accordance with relevant state regulations, teacher-organized by the main staff congress or other, to protect staff participation in democratic management and supervision.

Article 32 Schools and other educational institutions with legal person, the date of approval of the establishment or registration to obtain legal personality.

Schools and other educational institutions in civil activities are legally entitled to civil rights and bear civil liability.

In schools and other educational institutions, state-owned assets owned by the state.

Schools and other educational institutions Factories run by independent bear civil liability.

Chapter IV of teachers and other educators

Article 33 Teachers shall enjoy the rights prescribed by law, fulfill their obligations under the law, loyalty to the cause of education of the people.

Article 34 The legitimate rights and interests of the State to protect teachers, improving teachers' working and living conditions, improve their social status.

Teachers' wages, benefits, handled in accordance with laws and regulations.

Article 35 The State applies teacher qualifications, duties, appointment system, through assessment, incentives, training and training to improve the quality of teachers, strengthen the construction of teachers.

Article 36 of the schools and other educational institutions management personnel, the implementation of staff education system.

Teaching assistants in schools and other educational institutions and other professional and technical personnel, professional and technical positions appointment system.

The fifth chapter educated

Article 37 of the educated in enrollment, education, employment and other enjoy equal rights according to law.

Aspects of the school and the relevant administrative departments shall, in accordance with relevant state regulations, protection of women in school, education, employment, grant degrees, such as sending students enjoy equal rights with men.

Article 38 The State and society meet the entry conditions, family financial difficulties of children, adolescents, youth, provide various forms of assistance.

Article 39 The State, society, schools and other educational institutions should be based on physical and psychological characteristics of people with disabilities and the need to implement education and provide assistance and convenience.

Article 40 The State, society, families, schools and other educational institutions there should be criminal acts of minors to receive education to create conditions.

Article 41 Employees shall have the right to receive vocational training and continuing education according to law and obligations.

State organs, enterprises, institutions and other social organizations, should provide the conditions and facilities-based learning and training of their employees.

Article 42 The State encourages schools and other educational institutions, social organizations to take measures to create conditions for citizens to receive life-long education.

Article 43 of the educated enjoy the following rights:

(A) participate in various educational activities teaching plan, the use of teaching facilities, equipment, books and materials;

(B) scholarships, student loans, grants in accordance with relevant state regulations;

(C) in the academic performance and conduct fair assessment, access to appropriate education certificates after completion of prescribed academic degree certificate;

(Iv) refuses to accept the appeal to the relevant departments of the punishment given to the school, to the legitimate interests of the school, teachers violate their personal rights, property rights, appeal or file a lawsuit;

(E) other rights stipulated by laws and regulations.

Article 44 of the educated shall perform the following duties:

(A) compliance with laws and regulations;

(Ii) comply with norms student behavior, respect for teachers, to develop good moral character and habits;

(Iv) compliance management system where schools or other educational institutions.

Article 45 education, sports, health administrative departments and schools and other educational institutions shall improve sports and health care facilities to ensure students' physical and mental health.

Chapter VI Education and Society

Article 46 State organs, the army, enterprises, institutions, social groups and other social organizations and individuals, we shall create a good social environment for children, adolescents and students of physical and mental health.

Article 47 The State encourages enterprises, institutions, social groups and other social organizations, secondary vocational schools in various forms of cooperation with institutions of higher learning in teaching, research, technology development and promotion.

Enterprises, institutions, social groups and other social organizations and individuals may, in appropriate form, to support the construction of schools, participation in school management.

Article 48 State organs, the army, enterprises, institutions and other social organizations should be organized by the school student internships, provide assistance and facilitate social practice.

Article 49 Schools and other educational institutions, without affecting the normal teaching activities, should actively participate in local public welfare activities.

Article 50 of the minor's parents or other guardians should provide the necessary conditions for their minor children or other educational guardian.

Minor's parents or other guardians shall coordinate with schools and other educational institutions, the education of their minor children or other guardian.

Schools and teachers may provide guidance for family education parents.

Article 51 libraries, museums, science museums, cultural centers, art galleries, sports (field) and other public cultural and sports facilities, as well as historical and cultural monuments and Revolutionary Memorial Hall (ground), it should be for teachers and students and preferential treatment for the subject educators to facilitate access to education.

Radio and television (station) shall offer educational programs to promote the ideology and moral character, culture and improve the quality of science and technology.

Article 52 The State, society establishment and development of facilities for minors to school education.

Schools and other educational institutions should be the same grass-roots mass self-organization, enterprises, institutions, social organizations complement each other, strengthen school education for minors.

Article 53 The State shall encourage social organizations, social and cultural institutions and other social organizations and individuals to carry out beneficial to physical and mental health of the educated social cultural and educational activities.

Chapter VII of the investment in education and guarantee conditions

Article 54 countries to establish a government appropriations variety of other channels to raise education funding system supplemented gradually increase investment in education to ensure a stable source of funding for education in state-run schools.

Enterprises, institutions, schools and other educational institutions, social groups and other social organizations and individuals held in accordance with the law, school funding responsibility of the organizers to raise the people's governments at all levels can give appropriate support.

Article 55 national financial education expenditure to gross domestic product ratio should be with the development of the national economy and fiscal revenue growth to gradually improve. DETAILED Comparative Examples and procedures specified by the State.

The total national fiscal expenditure at all levels of education funding in proportion with the development of the national economy should gradually improve.

Article 56 The expenditure on education, governments at all levels, in accordance with the principle of unity of power and financial power, in the Budget shall be listed separately.

Increase financial allocations of governments at all levels of education should be higher than the regular financial revenue growth, and by the gradual increase in the number of students in the average cost of education, teachers' salaries and to ensure that public funds per student gradually increase.

Article 57 The State Council and local people's governments above the county level shall set up a special fund for education, focus on supporting remote and poor areas, the implementation of compulsory education in ethnic minority areas.

Article 58 The tax authorities levy surcharge for education in full accordance with the law, the administrative departments of education management, mainly for the implementation of compulsory education.

Provinces, autonomous regions and municipalities under the relevant provisions of the State Council may decide to levy a surcharge for local education, earmarking.

Article 59 The State adopts preferential measures to encourage and help schools without affecting the normal education and teaching to carry out work-study programs and social services, to set up schools.

Article 60 The State encourages domestic and foreign social organizations and individuals to donate.

Article 61 The state education budget, social organizations and individuals to donate to education, must be used for education, not to misappropriate or withhold.

Article 62 The State encourages the use of loans and other financial means to support the development of education.

Article 63 governments at all levels and education administrative departments should strengthen supervision and management of education funds schools and other educational institutions, increase investment in education.

Article 64 Local people's governments at all levels and relevant administrative departments must put schools into rural and urban infrastructure construction plan, co-ordinate arrangements for school capital construction sites and materials needed for the implementation of priority in accordance with relevant state regulations, policies.

Article 65 The people's governments at all levels for textbooks and teaching materials published books issued, the import of books and reference materials for school education teaching and scientific research instruments and equipment for the production and supply of teaching equipment, equipment, implementation of priority in accordance with relevant state regulations, policies.

Article 66 countries to promote education information, speed up infrastructure construction of educational information, use of information technology to promote the sharing of universal quality education resources, improve teaching and educational management.

Above the county level people's governments and relevant departments should develop education information technology and other modern teaching methods, the relevant administrative departments shall give priority to be given support.

The State encourages schools and other educational institutions to promote the use of modern teaching methods.

Chapter VIII Foreign exchange and cooperation in education

Article 67 The State encourages foreign exchange and cooperation in education, schools and other educational institutions to support the introduction of high-quality educational resources to carry out foreign cooperation according to the law, the development of international educational services, training of international talent.

Foreign exchanges and cooperation in education principles of independence, equality, mutual respect and the principle of not violate Chinese laws or prejudice the sovereignty, security and social and public interests.

Article 68 Chinese residents abroad, research, academic exchange or teaching handled in accordance with relevant state regulations.

After Article 69 overseas Chinese individuals meet the conditions stipulated by the State Department and relevant procedures, can enter the Chinese territory of schools and other educational institutions of learning, research, academic exchange or teaching their legitimate rights and interests protected by the state.

Article 70 Chinese recognition of diplomas issued by foreign educational institutions, diplomas and other academic certificates, in accordance with the international treaties concluded or acceded to handle the People's Republic of China, or in accordance with relevant state regulations.

Chapter IX Legal Liability

Article 71 violation of state regulations, not in accordance with the budget appropriated funding for education, the deadline appropriated by the people's government at the same level; the circumstances are serious, the persons in charge and other directly responsible personnel directly responsible shall be punished according to law.

In violation of the state's financial system, financial system, misappropriate or withhold funding for education by the higher authority shall order the return of misappropriated, embezzled funds, and directly in charge and other directly responsible personnel shall be punished; constitute a crime, according to the law Be held criminally responsible.

Article 72 gang fight, disturb, disrupt the orderly schools and other educational institutions teaching education or destroy school buildings, sites or other property of the public security administration punishment by the public security organs; constitutes a crime, be held criminally responsible.

Occupation of schools and other educational institutions, schools, venues and other property, shall bear civil liability.

Article 73 or knowingly school education and teaching facilities that are dangerous, and not to take measures, causing casualties or major property damage, the persons in charge and other directly responsible personnel directly responsible be held criminally responsible.

Article 74 violation of state regulations, fees to schools or other educational institutions, the government ordered to return the fees thus collected; in charge and other directly responsible personnel directly responsible shall be punished according to law.

Article 75 violation of state regulations, organized by the school or other educational institution shall be revoked by the administrative department of education or other relevant administrative departments; there is illegal income, confiscate the illegal income; in charge and other directly responsible personnel directly responsible shall be punished according to law.

Article 76 school or other educational institutions to recruit students in violation of relevant state regulations shall be ordered by the administrative department of education or other relevant administrative departments to recruit students to return, and refund fees; schools, other educational institutions be given a warning and the illegal a fine of five times the income; the circumstances are serious, shall be ordered to stop enrollment eligibility related to more than one year to three years, until the revocation of enrollment eligibility, school license revoked; in charge and other directly responsible personnel directly responsible shall be punished; constitute a crime It shall be investigated for criminal liability.

Article 77 of favoritism in enroll students work ordered by the administrative department of education or other relevant administrative departments return or trainees; in charge and other directly responsible personnel directly responsible shall be punished; constitute a crime, according to the law Be held criminally responsible.

Article 78 Schools and other educational institutions in violation of the relevant provisions of the State charged the educated, ordered by the administrative department of education or other relevant administrative departments to return the fees; in charge and other directly responsible personnel directly responsible, according to law shall be punished.

Article 79 Candidates of the following acts of the national education examinations, to take the necessary measures to organize the examination by the staff of educational institutions in the exam test site to stop and end its continuing to take the exam; organization of the examination of the Educational Testing agency may cancel the relevant qualifying examination or test scores; the circumstances are serious, shall be ordered by the administrative department of education to stop participating in relevant national education exam more than one year to three years; constitute a violation of public security administration, public security penalties by the public security organs according to law; constitute a crime, be held criminally responsible:

(A) illegal access to examination papers or answer;

(B) the use of cheating in examinations or carry equipment, materials;

(D) make others instead of their own to take the exam;

(E) other cheating examination results obtained by improper means.

Article 80 Any organization or individual in a national education examination of the following acts, illegal gains, the public security authorities confiscate the illegal income, impose a fine of more than five times the illegal income; the circumstances are serious, 5 days less than fifteen days detention; constitutes a crime, be held criminally responsible; belonging to the state personnel shall also be given sanctions according to law:

(A) organization of cheating;

(Ii) to assist or facilitate cheating cheating on exams by providing equipment, etc.;

(D) before the end of the exam leak, the spread of examination papers or answer;

(E) Other disrupt the orderly conduct examinations.

Article 81 The organization of national education examinations, educational and administrative departments, educational institutions exam poor management, resulting in the examination room disorder, cheating in serious cases, the persons in charge and other directly responsible personnel directly responsible shall be punished; constitute a crime be held criminally responsible.

Article 82 school or other educational institutions in violation of this Law, awarded degree certificates, diplomas or other education certificates, announced by the administrative department of education or other relevant administrative departments certificate is invalid, and ordered their return or confiscation; the illegal income , confiscate the illegal income; the circumstances are serious, shall be ordered to stop enrollment eligibility related to more than one year to three years, until the revocation of enrollment eligibility, qualification certificates; in charge and other directly responsible personnel directly responsible shall be punished according to law.

Any organization or individual other than the preceding paragraph manufacture, sale, issuance of fake degree certificates, educational qualification certificates or other education certificates, constitute a violation of public security administration, public security penalties by the public security organs according to law; constitute a crime, be held criminally responsible.

To cheating, plagiarism and other acts of fraud or other improper means to obtain degree certificates, diplomas or other academic certificates, certificate revocation by the relevant authority. Purchase, use of fake degree certificates, educational qualification certificates or other education certificates, constitute a violation of public security administration, public security penalties by the public security organs according to law.

Article 83 violation of this law, violate the legal rights of teachers, educated, school or other educational institution, losses, damages, shall bear civil liability.

Chapter X Supplementary Provisions

Article 84 military school education prescribed by the Central Military Commission in accordance with the principles of this Act.

Education in religious schools shall be formulated separately by the State Council.

Article 85 foreign organizations and individuals in education and cooperative education of Chinese territory shall be formulated by the State Council.

Article 86 of this Law since September 1, 1995 into effect.

Education Law of People's Republic of China

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