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Education Law of the People's Republic of China

2023-02-14   212

(Adopted at the Third Session of the Eighth National People's Congress on March 18, 1995, amended  for the first time in accordance with the Decision on Amending Certain Laws at the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending the Education Law of the People's Republic of China at the Eighteenth Session of the Standing Committee of the Twelfth National People's Congress on December 27, 2015)

Chapter I:  General Provisions

Article 1:  This Law is formulated on the basis of the Constitution so as to develop education, improve the quality of the whole nation, and promote the building of socialist material and spiritual civilizations.

Article 2:  This Law applies to all levels and types of education within the territory of the People's Republic of China.

Article 3:  The State persists in the guidance of Marxism-Leninism, Mao Zedong Thought, and the theory of building socialism with Chinese characteristics, and follows the basic principles set forth in the Constitution, to develop socialist education.

Article 4:  Education is the foundation of socialist modernization, and the State guarantees the priority development of education.

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

Teachers should be respected by the whole society.

Article 5:  Education must serve the socialist modernization drive and the people, and must be integrated with production, labor, and social practice to cultivate socialist builders and successors with all-round development in moral, intellectual, physical, and aesthetic aspects.

Article 6:  Education shall persist in cultivating morality and cultivating people, strengthening education on the Core Socialist Values for those being educated, and enhancing their sense of social responsibility, innovative spirit, and practical ability.

The State conducts education in patriotism, collectivism, and socialism with Chinese characteristics, as well as education in ideals, morality, discipline, rule of law, national defense, and national unity.

Article 7:  Education shall inherit and carry forward the excellent historical and cultural traditions of the Chinese nation, and absorb all outstanding achievements in the development of human civilization.

Article 8:  Educational activities must conform to the national and societal public interests.

The state separates education from religion. Religion must not be used by any organization or individual to engage in activities that obstruct the state's education system.

Article 9: Citizens  of the People's Republic of China have the right and duty to receive education.

Citizens enjoy equal educational opportunities in accordance with the law, regardless of ethnicity, race, gender, occupation, property status, religious belief, etc.

Article 10:  On the basis of the characteristics and needs of each ethnic minority, the State shall assist each minority nationality in developing education.

The State supports the development of education in remote and impoverished areas.

The State supports and develops the education of persons with disabilities.

Article 11:  The State adapts to the needs of the development of the socialist market economy and social progress, advances educational reforms, promotes the coordinated development, convergence and integration of all levels and types of education, improves the modern national education system, completes the lifelong education system, and raises the level of educational modernization.

The State shall take measures to promote educational equity and promote the balanced development of education.

The State supports, encourages and organizes educational scientific research, disseminates the results of educational scientific research, and promotes the improvement of the quality of education.

Article 12 The  standard spoken and written language of the State shall be the basic language of education and teaching for schools and other educational institutions, and schools and other educational institutions shall use the standard spoken and written language of the State for education and teaching.

Schools and other educational institutions in ethnic autonomous areas that are mainly composed of ethnic minority students shall, proceeding from actual conditions, implement bilingual education using the standard spoken and written language of the state and the spoken and written languages commonly used by their own or local ethnic groups.

The State shall take measures to provide conditions and support for the implementation of bilingual education in schools and other educational institutions dominated by ethnic minority students.

Article 13:  The State is to give awards to organizations and individuals that have made outstanding contributions to the development of education.

Article 14:  The State Council and local people's governments at all levels are to lead and manage education work in accordance with the principles of hierarchical management and division of labor and responsibility.

Education at and below the secondary level is administered by local people's governments under the leadership of the State Council.

Higher education is administered by the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 15:  The administrative department for education under the State Council is in charge of national education work, and is to make overall plans and coordinate the management of education throughout the country.

The administrative departments for education of local people's governments at or above the county level shall be in charge of education work within their respective administrative regions.

Other relevant departments of the people's governments at or above the county level are responsible for the relevant educational work within the scope of their respective duties.

Article 16:  The State Council and local people's governments at or above the county level shall report to the people's congress at the corresponding level or its standing committee on the state of education work and the budgets and final accounts of education funds, and accept supervision.

Chapter II:  Basic System of Education

Article 17:  The State implements a school education system of pre-school education, primary education, secondary education, and higher education.

The state has established a scientific system of education. The establishment, form of education, length of study, enrollment targets, training objectives, etc., of schools and other educational institutions within the school system shall be prescribed by the State Council or by the administrative department for education authorized by the State Council.

18th  State to develop pre-school education standards, accelerate the popularization of pre-school education, the construction of a public service system covering urban and rural areas, especially rural pre-school education.

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

Article 19:  The State implements a nine-year compulsory education system.

People's governments at all levels have adopted various measures to ensure that school-age children and adolescents attend school.

Parents or other guardians of school-age children and youths, as well as relevant social organizations and individuals, have the obligation to ensure that school-age children and adolescents receive and complete compulsory education for a specified number of years.

Article 20:  The State implements a system of vocational education and continuing education.

People's governments at all levels, relevant administrative departments and industry organizations, as well as enterprises and public institutions, shall take measures to develop and ensure that citizens receive vocational school education or various forms of vocational training.

The State encourages the development of various forms of continuing education, so that citizens can receive appropriate forms of education in the political, economic, cultural, scientific, technological, and professional fields, promote the mutual recognition and convergence of different types of learning outcomes, and promote lifelong learning for all.

Article 21 : The State implements a national education examination system.

The types of national educational examinations shall be determined by the administrative department for education under the State Council, and shall be undertaken by institutions approved by the State to carry out educational examinations.

Article 22 The  State implements a system of academic certificates.

Schools and other educational institutions established or recognized with the approval of the State shall issue academic certificates or other academic certificates in accordance with the relevant provisions of the State.

Article 23  The State implements a degree system.

Degree-awarding units shall award corresponding degrees and degree certificates to persons who have reached a certain academic level or professional and technical level in accordance with the law.

Article 24:  People's governments at all levels, grass-roots mass autonomous organizations, and enterprises and public institutions shall adopt various measures to carry out education efforts to eradicate illiteracy.

Citizens who have the ability to receive education for the eradication of illiteracy in accordance with the provisions of the State shall receive education for the eradication of illiteracy.

Article 25:  The State implements an education supervision system and an education evaluation system for schools and other educational institutions.

Chapter III:  Schools and Other Educational Institutions

Article 26:  The State formulates plans for educational development and organizes schools and other educational institutions.

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

The state shall adhere to the principle of diligence and thrift in running schools and other educational institutions.

Schools and other educational institutions that are organized or participated in with financial funds or donated assets must not be established as for-profit organizations.

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

(1) Have an organizational structure and charter;

(2) Have qualified teachers;

(3) There are teaching venues, facilities, and equipment that meet the prescribed standards;

(4) Have the necessary funds for running the school and a stable source of funding.

Article 28: The  establishment, alteration, and termination of schools and other educational institutions shall go through formalities for review, approval, registration, or filing in accordance with relevant state provisions.

Article 29: Schools and other educational establishments  exercise the following rights:

(1) Self-management in accordance with the charter;

(2) Organize and implement educational and teaching activities;

(3) Recruiting students or other persons receiving education;

(4) Conduct student status management for those receiving education, and implement rewards or sanctions;

(5) Issuing corresponding academic certificates to the recipients;

(6) Hiring teachers and other staff, and implementing rewards or sanctions;

(7) To manage and use the facilities and funds of the unit;

(8) Refuse any illegal interference by any organization or individual in educational and teaching activities;

(9) Other rights provided for by laws and regulations.

The State protects the lawful rights and interests of schools and other educational institutions from being infringed upon.

Article 30:  Schools and other educational establishments shall perform the following obligations:

(1) Comply with laws and regulations;

(2) Implement the national education policy, implement the national education and teaching standards, and ensure the quality of education and teaching;

(3) Safeguarding the lawful rights and interests of the educated, teachers, and other employees;

(4) To facilitate the education recipients and their guardians to learn about the education recipients' academic performance and other relevant information in an appropriate manner;

(5) Collect fees in accordance with relevant state regulations and disclose the items to be charged;

(6) Accept supervision in accordance with law.

Article 31:  The organizers of schools and other educational institutions are to determine the management system of the schools or other educational institutions they run in accordance with relevant state provisions.

The principals or principal administrative persons of schools and other educational institutions must be citizens who have the nationality of the People's Republic of China, have resided in China, and meet the requirements for their posts as prescribed by the State, and their appointment and removal shall be handled in accordance with the relevant provisions of the State. The principal is responsible for the teaching and other administrative management of the school.

Schools and other educational institutions shall, in accordance with the relevant provisions of the State, through the faculty Congress and other organizational forms with teachers as the main body, to ensure that faculty and staff participate in democratic management and supervision.

Article 32:  Where schools and other educational institutions meet the requirements for legal persons, they acquire legal person status from the date of approval of establishment or registration.

Schools and other educational institutions enjoy civil rights and bear civil liability in accordance with law in civil activities.

State-owned assets in schools and other educational institutions belong to the State.

School-run properties established by schools and other educational institutions shall bear civil liability independently.

Chapter IV:  Teachers and Other Educators

Article 33:  Teachers enjoy the rights provided by law, perform the obligations provided by law, and be loyal to the people's educational cause.

Article 34: The  state protects the lawful rights and interests of teachers, improves teachers' working and living conditions, and raises teachers' social status.

Teachers' salaries, remuneration, and benefits are to be handled in accordance with the provisions of laws and regulations.

Article 35:  The State implements a system of teacher qualifications, positions, and appointments, and increases the quality of teachers and strengthens the establishment of the teaching force through evaluations, awards, training, and training.

Article 36:  The management personnel of schools and other educational institutions shall implement the education staff system.

Teaching assistants and other professional and technical personnel in schools and other educational institutions shall be appointed to professional and technical positions.

Chapter 5 Educated 

Article 37:  Persons receiving education enjoy equal rights in areas such as enrollment, advancement, and employment.

Schools and relevant administrative departments shall, in accordance with relevant state provisions, ensure that women enjoy equal rights with men in areas such as enrollment, advancement, employment, awarding of degrees, and sending students to study.

Article 38:  The State and society provide various forms of financial assistance to children, youth, and youth who meet the requirements for enrollment and whose families have financial difficulties.

Article 39:  The state, society, schools, and other educational establishments shall carry out education on the basis of the physical and psychological characteristics and needs of persons with disabilities, and provide them with assistance and facilitation.

Article 40:  The state, society, families, schools, and other educational establishments shall create conditions for minors with illegal or criminal conduct to receive education.

Article 41 : Employees have the right and obligation to receive vocational training and continuing education in accordance with law.

State organs, enterprises, public institutions, and other social organizations shall provide conditions and facilitation for the study and training of their employees.

Article 42:  The State encourages schools and other educational establishments and social organizations to employ measures to create conditions for citizens to receive lifelong education.

Article 43 : Persons receiving education enjoy the following rights:

(1) Participate in various activities arranged by the education and teaching plan, and use educational and teaching facilities, equipment, and library materials;

(2) Obtain scholarships, student loans, and grants in accordance with relevant state regulations;

(3) Obtain a fair evaluation of academic performance and conduct, and obtain corresponding academic certificates and degree certificates after completing the prescribed studies;

(4) Submit a complaint to the relevant departments for dissatisfaction with the sanction given by the school, and submit a complaint or file a lawsuit in accordance with law against the school or teachers for violating their personal rights, property rights, or other lawful rights and interests;

(5) Other rights provided for by laws and regulations.

Article 44:  Persons receiving education shall perform the following obligations:

(1) Comply with laws and regulations;

(2) Abide by the student code of conduct, respect teachers, and develop good ideological character and behavioral habits;

(3) Study hard and complete the prescribed learning tasks;

(4) Comply with the management system of their school or other educational establishment.

Article 45:  Administrative departments for education, sports, and health, as well as schools and other educational establishments, shall improve physical education and health care facilities to protect students' physical and mental health.

Chapter  VI Education and Society

Article 46:  State organs, the military, enterprises, public institutions, social groups, and other social organizations and individuals shall create a positive social environment for the healthy physical and mental growth of children, adolescents, and young students in accordance with law.

Article 47:  The State encourages enterprises, public institutions, social groups, and other social organizations to carry out various forms of cooperation with institutions of higher learning and secondary vocational schools in areas such as teaching, scientific research, technological development, and popularization.

Enterprises, public institutions, social groups, and other social organizations and individuals may support the construction of schools and participate in school management through appropriate forms.

Article 48:  State organs, the military, enterprises, public institutions, and other social organizations shall provide assistance and facilitation for student internships and social practice activities organized by schools.

Article 49:  Schools and other educational establishments shall actively participate in local public interest activities on the premise of not impacting normal education and teaching activities.

Article 50:  The parents or other guardians of minors shall provide the necessary conditions for their minor children or other wards to receive education.

The parents or other guardians of minors shall cooperate with schools and other educational establishments in educating their minor children or other wards.

Schools and teachers may provide guidance on family education to students' parents.

Article 51:  Libraries, museums, science and technology museums, cultural centers, art galleries, gymnasiums (venues) and other public cultural and sports facilities, as well as historical and cultural monuments and revolutionary memorial halls (venues), shall give preferential treatment to teachers and students, and facilitate the education of those receiving education.

Radio and television stations (stations) shall set up educational programs to promote the improvement of the ideological and moral character, culture, and scientific and technological qualities of the educated.

Article 52:  The state and society are to establish and develop facilities for conducting extracurricular education for minors.

Schools and other educational establishments shall cooperate with basic-level mass autonomous organizations, enterprises, public institutions, and social groups to strengthen efforts on extracurricular education for minors.

Article 53:  The State encourages social groups, social and cultural institutions, and other social organizations and individuals to carry out social and cultural education activities that are beneficial to the physical and mental health of the persons receiving education.

Chapter VII:  Educational Investment and Condition Guarantees

Article 54:  The State is to establish a system of raising education funds through multiple other channels, with financial appropriations as the mainstay, supplemented by other channels, gradually increasing investment in education, and ensuring a stable source of funding for state-run school education.

For schools and other educational institutions established by enterprises, public institutions, social groups, and other social organizations and individuals in accordance with law, the organizers are responsible for raising funds for running the schools, and the people's governments at all levels may give appropriate support.

Article 55:  The proportion of State fiscal expenditures on education in the gross national product shall gradually increase along with the development of the national economy and the growth of fiscal revenues. The specific proportions and implementation steps shall be prescribed by the State Council.

The proportion of education expenditure in the total fiscal expenditure at all levels in the country should be gradually increased along with the development of the national economy.

Article 56:  Expenditures for education by people's governments at all levels are to be separately listed in their budgets in accordance with the principle of unifying their powers with their financial powers.

The increase in the financial appropriations for education of the people's governments at all levels shall be higher than the growth of the regular financial revenues, and the average educational expenses according to the number of students in school shall be gradually increased, and the salaries of teachers and the per capita public funds of students shall be gradually increased.

Article 57:  The State Council and local people's governments at the county level or above shall establish special funds for education, focusing on supporting the implementation of compulsory education in remote and impoverished areas and minority areas.

Article 58 The  taxation authorities shall collect the education fee surcharge in full in accordance with the law, which shall be managed by the administrative department for education as a whole, and shall be mainly used for the implementation of compulsory education.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the relevant provisions of the State Council, decide to levy local surcharges for education, and earmark the funds for their own use.

Article 59:  The State is to employ preferential measures to encourage and support schools to carry out work-study programs and social services, and to establish school-run industries on the premise that they do not affect normal education and teaching.

Article 60:  The State encourages domestic and foreign social organizations and individuals to donate money for education.

Article 61:  State financial education funds, donations from social organizations and individuals to education must be used for education, and must not be misappropriated or deducted.

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

Article 63:  All levels of people's government and their administrative departments for education shall strengthen oversight and management of the education funds of schools and other educational establishments, and increase the efficiency of investment in education.

Article 64:  Local people's governments at all levels and their relevant administrative departments must include the capital construction of schools in their urban and rural construction plans, make overall arrangements for the land for the construction of schools and the materials needed, and implement preferential and preferential policies in accordance with the relevant provisions of the State.

Article 65:  The people's governments at all levels shall, in accordance with the relevant provisions of the State, give priority and preferential policies to the publication and distribution of textbooks and teaching materials, to the production and supply of teaching instruments and equipment, and to the import of library materials, teaching instruments and equipment for school education, teaching and scientific research.

Article 66:  The State is to advance the informatization of education, accelerate the construction of educational information infrastructure, use information technology to promote the popularization and sharing of high-quality educational resources, and raise the level of education and teaching and education management.

People's governments at the county level or above and their relevant departments shall develop educational information technology and other modern teaching methods, and the relevant administrative departments shall give priority to arrangements and give support.

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

Chapter  VIII Educational Exchange and Cooperation with Foreign Countries

Article 67:  The State encourages the development of educational exchanges and cooperation with foreign countries, supports schools and other educational institutions in introducing high-quality educational resources, lawfully carries out Chinese-foreign cooperation in running schools, develops international educational services, and cultivates international talents.

Educational exchanges and cooperation with foreign countries adhere to the principles of independence, equality, mutual benefit and mutual respect, and must not violate Chinese laws or harm national sovereignty, security and social public interests.

Article 68 Citizens  within the territory of China who go abroad to study, research, conduct academic exchanges, or teach shall be handled in accordance with the relevant provisions of the State.

Article 69:  Individuals outside of China may enter schools and other educational institutions within the territory of China to study, research, conduct academic exchanges, or teach after meeting the requirements prescribed by the State and completing the relevant formalities, and their lawful rights and interests are protected by the State.

Article 70 The  recognition of degree certificates, academic certificates and other academic certificates issued by overseas educational institutions shall be handled in accordance with international treaties concluded or acceded to by the People's Republic of China, or in accordance with relevant national regulations.

Chapter IX:  Legal Responsibility

Article 71:  Where relevant state provisions are violated by not appropriating education funds in accordance with the budget, the people's government at the same level is to approve; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Where the state financial system or financial system is violated by misappropriating or deducting education funds, the organ at the level above shall order the return of the misappropriated or deducted funds within a set period of time, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 72:  Where gangs fight, pick quarrels and provoke trouble, disrupt the order of education and teaching in schools or other educational establishments, or destroy school buildings, venues, or other property, the public security organs are to give public security administrative sanctions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Those who encroach on the school buildings, grounds, or other property of schools and other educational establishments shall bear civil liability in accordance with law.

Article 73:  Where it is clearly known that school buildings or educational and teaching facilities are in danger, but do not take measures, causing casualties or major property losses, the directly responsible managers and other directly responsible personnel are to be pursued for criminal responsibility in accordance with law.

Article 74:  Where fees are collected from schools or other educational institutions in violation of relevant state provisions, the government shall order the fees to be refunded; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Article 75:  Where relevant state provisions are violated by establishing schools or other educational institutions, the administrative departments for education or other relevant administrative departments are to revoke them; where there are unlawful gains, the unlawful gains shall be confiscated; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Article 76:  Where schools or other educational establishments recruit students in violation of relevant state provisions, the administrative departments for education or other relevant administrative departments are to order that the students be returned and the fees charged are to be refunded; Schools and other educational establishments are given warnings and may be fined up to five times the amount of unlawful gains; where the circumstances are serious, order the suspension of relevant enrollment qualifications for between one and three years, up to the point of revocation of enrollment qualifications and revocation of the school's permit; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 77:  Where there is twisting the law for personal gain in the recruitment of students, the administrative departments for education or other relevant administrative departments are to order the return of the recruits; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 78:  Where schools and other educational establishments collect fees from students in violation of relevant state provisions, the administrative departments for education or other relevant administrative departments are to order a refund of the fees collected; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Article 79:  Where a candidate commits any of the following acts in the national education examination, the staff of the educational examination body organizing the examination shall take necessary measures to stop it at the examination site and terminate his or her continued participation in the examination; Educational examination bodies that organize examinations may cancel their relevant examination qualifications or test results; where the circumstances are serious, the administrative departments for education are to order them to stop participating in the relevant national education examinations for between one and three years; where a violation of the administration of public security is constituted, the public security organ shall give a public security administrative sanction in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) Illegally obtaining test questions or answers;

(2) Carrying or using test cheating equipment or materials;

(3) Plagiarizing others' answers;

(4) Allowing others to take the test on their behalf;

(5) Other cheating behaviors that use improper means to obtain test scores.

Article 80:  Where any organization or individual exhibits any of the following conduct in national education examinations, and has unlawful gains, the public security organs are to confiscate the unlawful gains and give a fine of between 1 and 5 times the value of the unlawful gains; where the circumstances are serious, they are to be detained for between 5 and 15 days; where a crime is constituted, criminal responsibility is pursued in accordance with law; and where they are employees of state organs, they shall also be given sanctions in accordance with law:

(1) Organizing cheating;

(2) Providing assistance or facilitation for cheating by providing equipment for cheating on exams;

(3) Participating in examinations on behalf of others;

(4) Leaking or disseminating test questions or answers before the end of the test;

(5) Other behaviors that disrupt the order of examinations.

Article 81:  Where the administrative departments for education or educational examination bodies neglect to manage the holding of national educational examinations, causing disorder in the examination room or serious cheating situations, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 82:  Where schools or other educational establishments violate the provisions of this Law by issuing degree certificates, academic certificates, or other academic certificates, the administrative departments for education or other relevant administrative departments are to declare the certificates invalid and order them to be withdrawn or confiscated; where there are unlawful gains, the unlawful gains shall be confiscated; where the circumstances are serious, order the suspension of the relevant enrollment qualifications for between one and three years, up to the revocation of enrollment qualifications and the issuance of certificates; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Where any organization or individual other than the provisions of the preceding paragraph manufactures, sells, or issues counterfeit degree certificates, academic certificates, or other academic certificates, constituting a violation of the administration of public security, the public security organs are to give public security administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

If a degree certificate, academic certificate or other academic certificate is obtained by cheating, plagiarism, plagiarism or other fraudulent acts or other improper means, the relevant certificate shall be revoked by the issuing authority. Where the purchase or use of counterfeit degree certificates, academic certificates, or other academic certificates constitutes a violation of the administration of public security, the public security organs shall impose public security administrative penalties in accordance with law.

Article 83:  Where the provisions of this Law are violated by infringing on the lawful rights and interests of teachers, persons receiving education, schools, or other educational establishments, causing losses or harms, civil liability shall be borne in accordance with law.

Chapter X: Supplementary  Provisions

Article 84:  Military school education is to be prescribed by the Central Military Commission in accordance with the principles of this Law.

Religious school education is to be provided for separately by the State Council.

Article 85:  The State Council shall formulate measures for foreign organizations and individuals to run schools within the territory of China and to cooperate in running schools.

   Article 86:  This Law shall come into force on September 1, 1995.