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Laws of the People's Republic of China |
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| Category | EDUCATION | Organ of Promulgation | The National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1995-03-18 | Effective Date | 1995-09-01 |
|
Education Law of the People's Republic of China |
|---|
Article 1 With a view to developing educational undertakings, improving
the quality of the whole nationality, accelerating the construction of the
socialist material and spiritual civilization and in accordance with the
Constitution of the People's Republic of China, the present Law is hereby
formulated.
Article 2 The present Law shall be applicable to all kinds of education
at all levels within the territory of the People's Republic of China.
Article 3 In developing the socialist educational undertakings, the state
shall uphold Marxism-Leninism, Mao Zedong Thought and the theories of
Constructing socialism with Chinese characteristics as directives and comply
with the basic principles of the Constitution.
Article 4 With education being the foundation for construction of
socialist modernization, the state shall give priority to the development of
educational undertakings.
The whole society shall pay attention and render support to the
educational undertakings.
The whole society shall respect teachers.
Article 5 Education shall serve the construction of socialist
modernization, be combined with production and labour and satisfy the needs of
training constructors and successors with all round development of morality,
intelligence and physique for the socialist cause.
Article 6 The state shall conduct education among education receivers in
patriotism, collectivism and socialism as well as in ideals, ethics,
discipline, legality, national defence and ethnic unity.
Article 7 Education shall be carried out in the spirit of inheriting and
expanding the fine historical and cultural traditions of the Chinese nation
and assimilating all the fine achievements of the civilization progress of
human beings.
Article 8 Education activities shall be in the benefit of public
interests of the state and the society.
The state shall separate education from religion. Any organization or
individual may not employ religion to obstruct activities of the state
education system.
Article 9 Citizens of the People's Republic of China shall have the right
and duty to be educated.
Citizens shall enjoy equal opportunity of education regardless of their
nationality, race, sex, occupation, property or religious belief etc.
Article 10 The state shall help all minority nationality regions develop
educational undertakings in light of the characteristics and requirements of
different minority nationalities.
The state shall support the development of educational undertakings in
remote border areas and poverty-stricken areas.
The state shall support the development of educational undertakings for
disabled people.
Article 11 The state shall fit in with the needs of the development of
socialist market economy and the social progress, accelerate educational
reform, promote the coordinated development of all kinds of education at all
levels, establish and perfect the whole life education system.
The state shall support, encourage and organize scientific research on
education, spread the scientific research achievements on education and
improve the quality of education.
Article 12 The Chinese language, both oral and written, shall be the
basic oral and written language for education in schools and other educational
institutions. Schools or other educational institutions which mainly consist
of students from minority nationalities may use in education the language of
the respective nationality or the native language commonly adopted in that
region.
Schools and other educational institutions shall in their educational
activities popularize the nationally common spoken Chinese and the standard
written characters.
Article 13 The state shall offer awards to those organizations and
individuals who have made distinguished contributions to the development of
educational undertakings.
Article 14 The State Council and all local people's government at
different levels shall supervise and manage the educational work according to
the principle of management by different levels and division of labour with
individual responsibility.
Secondary and lower education shall be managed by the local people's
government under the leadership of the State Council.
Higher education shall be managed by the State Council and the people's
government of province, autonomous region or municipality directly under the
central government.
Article 15 The department of the State Council in charge of educational
administration shall be responsible for the educational works of the whole
country, make overall plans and coordinate the management of educational
undertakings of the whole country.
The departments in charge of educational administration under the local
people's government at and above the county level shall be responsible for
the educational works within the jurisdiction of the respective administrative
region.
Other relevant departments of the people's government at and above the
county level shall be responsible for relevant educational works within their
terms of reference.
Article 16 The State Council and the local people's government at and Article 17 The state shall adopt a school education system including The state shall establish scientific school system. Regulations in regard Article 18 The state shall adopt a nine-year compulsory education system. The people's government at different levels shall adopt every measure to Parents and guardians of children and juveniles of school age and relevant Article 19 The state shall adopt a vocational education system and an The people's government at different levels, relevant administrative The state shall encourage the development of adult education in various Article 20 The state shall adopt a national examination system of The national educational examinations shall be categorized by the Article 21 The state shall adopt a schooling credentials system. Schools and other educational institutions with the approval or consent of Article 22 The state shall adopt a academic degree system. The units who confer academic degrees shall confer correspondent titles of Article 23 The people's government at different levels, self-managed mass Citizens who according to the state statutes have the capacity to receive Article 24 The state shall adopt educational inspection system and Article 25 The state shall formulate plans for educational development The state shall encourage enterprises, institutions, mass associations, Any organization or individual may not establish schools or other Article 26 The establishment of schools or other educational institutions (1) organized institution and constitution; (2) qualified teachers; (3) teaching and learning rooms, facilities and equipment that meet the (4) funds necessary for operation of the school and steady source of Article 27 The establishment, change or termination of a school or other Article 28 A school or other educational institution shall exercise (1) autonomous management according to constitution; (2) organizing and conducting educational activities: (3) recruiting students or other education receivers; (4) exercising school administration over education receivers and awarding (5) awarding corresponding schooling credentials upon education receivers; (6) employing teachers or other staff and awarding prizes or imposing (7) managing and using facilities and capitals of the own unit; (8) refusing to accept any illegal interference into the educational and (9) other rights as provided for by the law and regulations. The state shall protect schools and other educational institutions from Article 29 Schools and other educational institutions shall perform (1) obeying the law and regulations; (2) implementing the state directives on education, practising the state (3) safeguarding the legitimate rights and interests of the education (4) providing convenience in a proper manner for education receivers and (5) charging fees according to relevant state prescriptions and making (6) submitting to supervision according to law. Article 30 Schools and other educational institutions sponsors shall Headmasters or chiefs of schools and other educational institutions shall Schools and other educational institutions shall guarantee the Article 31 Schools and other educational institutions who have satisfied Schools and other educational institutions shall enjoy civil rights and State owned assets of schools and other educational institutions shall be Enterprises sponsored by schools and other educational institutions shall Article 32 Teachers shall enjoy the rights and interests stipulated by Article 33 The state shall protect the legitimate rights and interests of The teachers' wages, remuneration and welfare shall be handled according Article 34 The state shall adopt a qualification-based post employment Article 35 Schools and other educational institutions shall adopt an Schools and other educational institutions shall adopt an Article 36 Education receivers shall enjoy equal rights in going to Schools and relevant administrative departments shall guarantee that the Article 37 The state and society shall provide with different forms of Article 38 The state, the society, schools and other educational Article 39 The state, the society, schools and other educational Article 40 Employees shall have the right and duty to receive vocational State organs, enterprises, institutions and other social organizations Article 41 The state shall encourage schools, other educational Article 42 Education receivers shall enjoy following rights and interests (1) participating in different activities conducted in accordance with (2) obtaining scholarship, loan for education and stipend according to (3) obtaining fair assessment in terms of academic achievements and (4) bringing a complaint with relevant department in case of refusal to (5) other rights and interests as are provided for by law and regulations. Article 43 Education receivers shall perform the following duties: (1) abiding by law and regulations; (2) observing conduct standards of the school; showing respect to teachers (3) studying strenuously and fulfilling assigned learning tasks; (4) obeying rules of the school or other educational institution to which Article 44 Administrations of education, physical education and health, Article 45 State organs, the army, enterprises, institutions, social Article 46 The state shall encourage enterprises, institutions, social Enterprises, institutions, social associations and other social Article 47 State organs, the army, enterprises, institutions and other Article 48 Schools and other educational institutions shall take an Article 49 Parents or guardians of minor children shall provide their Parents or guardians of minor children shall collaborate with the school Schools and teachers may provide parents of students with advice. Article 50 Students shall enjoy preferential treatment as to public Radio and TV station shall design education programmes and promote the Article 51 The state and the society shall establish out-of-school Schools and other educational institutions shall collaborate with Article 52 The state shall encourage social associations, social cultural Article 53 The state shall establish a mechanism based mainly on Schools and other educational institutions established under the Article 54 The proportion of the state educational investment by way of The proportion of educational appropriations to the total volume of Article 55 Educational appropriations of the people's governments at The increase of financial allocation to education by the people's Article 56 The State Council and the local people's government at Article 57 Taxation agencies shall fully collect the added education fee, The people's government of province, autonomous region and municipality The collection of the added education fee in the countryside within the Article 58 The state shall adopt preferential measures to encourage and Article 59 Subject to the approval of the people's government at the Article 60 The state shall encourage social organizations and individuals Article 61 The financial allocation of education funds of the state and Article 62 The state shall encourage the use of banking and credit Article 63 The people's government at different levels and education Article 64 The local people's government at different levels and relevant Article 65 The people's government at different levels shall carry out Article 66 The people's government at and above the county level shall The state shall encourage extended application of modern teaching and Article 67 The state shall encourage external exchange and cooperation of External exchange and cooperation of education shall firmly accord to the Article 68 Chinese citizens within the territory of China who intend to Article 69 Individual persons out of the Chinese territory may, subject Article 70 Recognition by China of academic degree credentials and Article 71 In case of failure to examine and allocate educational In case of diversion or deduction of educational capitals in violation of Article 72 In case some people gather a crowd to engage in an affray, Those who have encroached upon houses, grounds other property of schools Article 73 In case of failure to adopt measures upon precise knowledge of Article 74 In case of solicitation of funds from schools or other Article 75 In case of establishment of schools or other educational Article 76 In case of recruitment of students in violation of relevant Article 77 In case of malpractice of favourism or fraudulence in Article 78 In case of solicitation of fees from education receivers in Article 79 In case of malpractice in national education examinations, the In case of illegal conduction of national education examinations, the Article 80 In case of awarding of academic degree credentials or Article 81 In case of infringement upon the legitimate rights and Article 82 Regulations governing education of military schools shall be Regulations governing education of religious schools shall be formulated Article 83 Procedures regarding operation or joint operation of schools Article 84 The present Law shall come into effect as of September 1, 1995.
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above the county level shall report to the people's congress at the respective
level or its standing committee on educational works, budgets and financial
accounts of educational expenditures and submit to their supervision.
Chapter II Basic Educational System
infant school education, primary education, secondary education and higher
education.
to institution of schools and other educational institutions within the school
system, forms of education, length of schooling, admissions requirements and
educational objectives shall be formulated by the State Council or the
departments in charge of educational administration so authorized by the State
Council.
ensure children and juveniles of school age to go to school.
social organizations or individuals shall have the duty to ensure that
children and juveniles of school age complete the compulsory education of a
prescribed length.
adult education system.
departments, enterprises and institutions shall adopt measures to develop and
ensure for citizens vocational school education or vocational training in
various forms.
forms and make sure that citizens receive proper forms of education in
politics, economy, culture, science, technology, profession and whole life
education as well.
education.
department in charge of educational administration under the State Council and
be conducted by institutions authorized by the state to organize examinations.
the state shall award schooling credentials or other schooling certificates
according to corresponding regulations of the state.
academic degree upon people who have achieved certain academic standards or
professional standards of technology and award the correspond academic
credentials.
organizations at grass-roots level and organizations in enterprises and
institutions shall take every measure to develop education to eliminate
illiteracy.
education intended for elimination of illiteracy shall receive such education.
educational assessment system for schools and other educational institutions.
Chapter III Schools and Other Educational Institutions
and institute schools and other educational institutions.
other social organizations and private citizens to establish schools and other
educational institutions according to law.
educational institutions for the purpose of making profit.
shall be subject to the following requirements of availability:
prescribed standards;
capital injection.
educational institution shall go through procedures of examination, approval,
registration or record according to corresponding state stipulations.
following rights:
prize or imposing punishment;
punishments;
teaching/learning activities by any organization or individual;
breach of their legitimate rights and interests.
following duties:
educational and teaching/learning standards and guaranteeing the quality of
teaching and learning;
receivers, teachers and other staffs;
their guardians to be informed of the receivers' school achievements and other
results;
public the charges;
decide on the management of schools and other educational institutions
according to concerned state regulations.
be those who are of the Chinese nationality, residing in the territory of
China and fit for the conditions prescribed by the state. Their appointment
and removal shall be made according to corresponding procedures provided for
by the state. Headmasters of schools shall be held responsible for
teaching/learning activities and administration.
participation of teachers and staffs in democratic management and supervision
through the organic form such as the teachers and staffs congress mainly
consisting of teachers in accordance with relevant provisions of the state.
conditions for legal persons shall obtain the status of legal persons from the
date of approval or registration of legal persons.
interests and bear civil liabilities in civil activities according to law.
within the ownership of the state.
solely undertake civil liabilities of their own.
Chapter IV Teachers and Other Educational Workers
law, perform duties prescribed by law and devote to the people's education
cause.
teachers, improve the working and living conditions of teachers and higher the
social status of teachers.
to laws and regulations.
system, improve the quality of teachers and strengthen the development of
teachers by way of examination, rewards, fosterage and training.
educational staffs system for the management.
professional-skills-based posts employment system.
Chapter V Education Receivers
school, entering higher school, employment and etc.
female enjoy equal rights with male in going to school, entering higher
school, employment, conferment of academic degrees and being sent abroad for
learning.
financial aids to children, juveniles and youths who are eligible for
schooling but in poor families.
institutions shall organize education in consideration of the physical and
mental characteristics and requirements of the disabled people and offer them
with assistance and convenience.
institutions shall create conditions for those minor offenders to receive
education.
training and continuous education according to law.
shall provide conditions and convenience for the learning and training of the
staffs of their own.
institutions and social organizations to create conditions for the whole life
education of citizens.
according to law:
educational programme or teaching/learning syllabus; using educational or
teaching/learning facilities, equipment or books and materials;
relevant state regulations;
behaviour; being conferred correspondent credentials of learning and academic
degree upon fulfillment of prescribed school work;
accept a disciplinary action of the school; bringing a complaint or a suit
according to law if the right of personal safety or property has been
infringed upon by the school or the teacher;
and developing good ideology, proper morale and behaviour habit;
the education receiver is attached.
schools and other educational institutions shall improve sports and health
care facilities and protect the physical and mental health of students.
Chapter VI Education and the Society
associations and other social organizations and individuals shall create good
social environment for the healthy growing-up of children, juveniles and young
student.
associations and other social organizations to cooperate by various ways with
higher education schools, secondary vocational schools in teaching and
learning, scientific research, technology development and dissemination.
organizations and individuals may support the construction of schools and
participate in management through proper forms.
social organizations shall render assistance and convenience for student to
practise and conduct social practical activities organized by the school.
active part in local public welfare activities under the precondition that
normal educational and teaching/learning activities are not affected.
under age sons and daughters or children under the guardianship with necessary
conditions for their education.
or the other educational institution on the education of their sons and
daughters or children under guardianship.
cultural and sport facilities such as libraries, museums, science and
technology centres, cultural centres, art galleries, gymnasiums and stadiums,
historical or cultural spots and revolutionary commemoration halls or places
so that education receivers can be offered convenience for education.
improvement of students in aspects of ideology, morale, cultural and
scientific capacity.
education facilities for minor children.
autonomous grass roots mass organizations, enterprises, institutions and
social associations to strengthen out-of-school education of minor children.
institutions, other social organizations and individuals to conduct social
cultural activities of education that are beneficial to the physical and
mental health of education receivers.
Chapter VII Education Investment and Safeguards of Conditions
financial allocation and supplemented with various approaches to raising
educational funds, gradually enlarge investment in education and ensure stable
sources of educational funds for state run schools.
sponsorship of enterprises, institutions, social associations, other social
organizations and individuals according to law shall have the school funds
raised by the sponsors. The people's governments at different levels may
render proper support.
financial allocation to the volume of general national products shall
gradually increase along with the growth of national economy and financial
income. The executive steps for the proportion increase shall be determined by
the State Council.
financial expenditures at different levels of the whole state shall increase
step by step with the growth of the national economy.
different levels shall be listed as a separate item of the financial budget
according to the principle of consistency of business power and financial
power.
government at different levels shall be higher than the growth of frequent
income of the finance. The people's government shall make the average per
capita education appropriation for all students in the school increase
progressively and ensure that the teacher's salary and the per capita public
fund for students grow gradually.
different levels shall establish specific fund for education and lay special
stress on supporting compulsory education in remote border areas and
poverty-stricken areas and minority nationality regions.
which shall be controlled by the educational administrations and used mainly
in enforcement of compulsory education.
directly under the central government may decide on the levy of added local
education fee for specific use of education.
overall finance of townships shall be organized by the people's government of
the township. The fee shall be managed on behalf of the township people's
government by the education administrative department of the people's
government at the county level or by the people's government of the township
itself and shall be used for the educational undertakings at the two levels of
township and village within the jurisdiction of the township. The accurate
proportion of the levy of added education fee in the countryside to the
overall finance of the township and the concrete management thereof shall be
regulated by the people's government of province, autonomous region and
municipality directly under the central government.
support schools to develop work-and-study programme, conduct social services
and establish campus workshops on the precondition that the normal education
and teaching/learning activities are not affected.
county level the people's government at the level of township or minority
nationality township may in light of the principle of voluntary and capacity
consideration collect funds to run school within its own jurisdiction, using
the funds so collected in reconstruction or repair of dangerous houses in the
purpose of enforcement of compulsory education or construct new school houses.
The funds may not be used for any other purpose.
to donate money for schools.
donations of social organizations or individuals shall be used in education
only and may not be diverted for other purposes or deducted.
measures to support the development of educational undertakings.
administrative department shall strengthen supervision and management of
educational capitals of schools and other educational institutions and raise
the education investment efficiency.
administrative departments thereof shall include the capital construction of
schools in the construction planning of the cities and townships, take into
consideration the use of land for capital construction of schools and
necessary goods and materials and make arrangements accordingly, and shall
carry out priority or preferential policies according to related state
regulations.
priority or preferential policies according to corresponding state regulations
in respect to the publication and distribution of textbooks and other books or
materials for the purpose of teaching and learning, to the production and
supply of instruments and equipment for teaching and learning, and to the
import of books, materials, instruments and equipment for the purpose of
school education or of teaching and learning.
develop education through satellite television and other modern advanced
approaches to teaching and learning, which shall enjoy preferential
arrangement and sustaining support of administrative departments.
learning methods.
Chapter VIII External Exchange and Cooperation
education.
principles of maintaining independence, keeping initiative in our own hands,
equality, mutual benefits and respect and may not run counter to Chinese laws
or imperil the state sovereignty, safety or public interests of the society.
go abroad for purpose of learning, research, academic exchange or teaching
shall go through procedures prescribed by the state.
to conditions stipulated by the state and after completion of corresponding
formalities, enter China and go to Chinese schools or other educational
institutions for the purpose of learning, research, academic exchange or
teaching. Their legitimate rights and interests shall be protected by the
state.
schooling credentials awarded by educational institutions out of the territory
of China shall be realized subject to international conventions concluded or
conceded to by the People's Republic of China or corresponding regulations of
the state.
Chapter IX Legal Liabilities
appropriations based on budget in violation of relevant state regulations, the
people's government at the same level shall see to it that the appropriations
shall be allocated after examination within a limited period of time. If the
violation is a serious case, the persons-in-charge held in direct
responsibility and other persons directly responsible for the violation shall
be punished by disciplinary sanctions according to statutes.
the state financial regulations or accounting procedures, the authority at
higher level shall order a replacement of the capitals diverted for other uses
or deducted within a limited period of time and shall impose disciplinary
sanctions upon those persons-in-charge held in direct responsibility and those
directly responsible for the offence. If a crime is constituted, the criminal
liabilities therein shall be investigated into according to law.
mob, make troubles to the extent of disturbing the educational or
teaching/learning order of schools or other educational institutions or
damaging houses, grounds or other property thereof, the public security organ
shall impose administrative penalties for public security. If a crime is
constituted, the criminal liabilities shall be investigated into according to
law.
or other educational institutions shall bear corresponding civil liabilities.
dangers with school houses or other educational or teaching/learning
facilities to the result of personnel casualties and serious loss of property,
the criminal liabilities of those persons-in-charge held in direct
responsibility and other persons directly responsible for the damages shall be
investigated into according to law.
educational institutions in violation of relevant state regulations, the
government shall order a replacement of the funds solicited and shall impose
disciplinary sanctions upon the persons-in-charge who are held in direct
responsibility and other persons directly responsible for the violation.
institutions in violation of relevant state regulations, the education
administrative department shall dissolve those schools or institutions so
established, confiscate any illegal gains therefrom if there is any and impose
disciplinary sanctions according to law upon those persons directly in charge
of the matter or other persons directly responsible for the violation.
state regulations, the education administrative department shall order a
return of those students and a refund of any fees collected and shall impose
disciplinary sanctions upon those persons directly in charge of the matter or
other persons directly responsible for the violation according to law.
enrollment of students, the education administrative department shall order a
return of those students so enrolled, shall impose disciplinary sanctions upon
those persons who are directly in charge of the matter and other persons
directly responsible for the malpractice according to law and, where a crime
is constituted, investigate into the criminal liabilities.
violation of relevant state regulations by schools or other educational
institutions, the education administrative department shall order a return of
those fees so solicited and shall impose disciplinary sanctions upon those
persons who are directly in charge of the matter and other persons directly
responsible for the misconduct according to law.
education administrative department shall declare such examinations invalid
and impose disciplinary sanctions upon those persons who are directly in
charge of the matter and other persons directly responsible for the
malpractice according to law.
education administrative department shall declare such examinations invalid,
confiscate any illegal gains where such gains exist and impose disciplinary
sanctions upon those persons who are directly in charge of the matter and
other persons directly responsible for the offence according to law.
schooling credentials in violation of the present Law, the education
administrative department shall declare the credentials so awarded invalid,
order a revoke or confiscation of those credentials, confiscate any illegal
gains when such gains exist and disqualify the violator from awarding such
credentials where the violation is serious.
interests of teachers, education receivers, schools or other educational
institutions in violation of the present Law to the extent of any loss or
damage, the civil liabilities therefor shall be investigated into.
Chapter X Supplementary Provisions
formulated by the Central Military Commission according to principles of the
present Law.
separately by the State Council.
within the territory of China by organizations or individuals out of the
territory of China shall be formulated by the State Council.
URL: http://www.asianlii.org/cn/legis/cen/laws/el116