EDUCATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Effective Date 1995.09.01--Ineffective Date)

CHAPTER I GENERAL PROVISIONS CHAPTER II BASIC SYSTEM OF EDUCATION CHAPTER III SCHOOLS AND OTHER INSTITUTIONS OF EDUCATION CHAPTER IV TEACHERS AND OTHER EDUCATORS CHAPTER V EDUCATEES CHAPTER VI EDUCATION AND SOCIETY CHAPTER VII EDUCATIONAL INPUT AND GUARANTEE OF CONDITIONS CHAPTER VIII FOREIGN EXCHANGE AND COOPERATION IN EDUCATION CHAPTER IX LEGAL RESPONSIBILITY CHAPTER X SUPPLEMENTARY PROVISIONS

Article 1 This Law is enacted in accordance with the Constitution with a view to developing the cause of education, enhancing the quality of the entire nation and promoting the socialist material as well as cultural and ethical progress.

Article 2 This Law shall be applicable to education of all types and at all levels offered within the territory of the People's Republic of China.

Article 3 In developing the cause of socialist education, the State adheres to taking Marxism, Leninism, Mao Zedong Thought and the theory of building socialism with Chinese characteristics as its guidelines and follows the basic principles defined in the Constitution.

Article 4 Education is the basis of the socialist modernization drive, and the State ensures priority to the development of educational undertakings.

The entire society should show concern for and give support to the development of educational undertakings.

The entire society should respect teachers.

Article 5 Education must serve the socialist modernization drive and must be combined with production and physical labour in order to train for the socialist cause builders and successors who are developed in an all-round way-morally, intellectually and physically.

Article 6 The State conducts education among educatees in patriotism, collectivism, socialism as well as in the importance of ideals, ethics, discipline, the legal system, national defense and national unity.

Article 7 In education the brilliant historic and cultural tradition of the Chinese nation shall be inherited and carried forward and all other excellent achievements of human civilization shall be absorbed.

Article 8 Educational activities shall conform to the State and public interests.

The State separates education from religion. No organization or individual may make use of religion to conduct activities that interfere with the educational system of the State.

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

All citizens, regardless of ethnic group, race, sex, occupation, property status or religious belief, shall enjoy equal opportunities for education according to law.

Article 10 The State, in light of the characteristics and needs of the different minority ethnic groups, provides assistance to the development of educational undertakings in regions inhabited by the minority ethnic groups.

The State supports and assists the development of educational undertakings in the outlying and poverty-stricken areas.

The State supports and develops educational undertakings for the disabled.

Article 11 To meet the needs of developing a socialist market economy and promoting social progress, the State carries forward educational reform, fosters a coordinated development of education at various levels and of various types, and establishes and improves a system of life-long education.

The State supports, encourages and organizes scientific research in education, disseminate the results of scientific research in education so as to enhance the quality of education.

Article 12 The spoken and written Chinese language shall be the basic spoken and written language in teaching in schools and other institutions of education. In schools and other institutions of education in which students of a minority ethnic group constitute the majority, the spoken and written language used by the specific ethnic group or commonly used by the local ethnic groups may be used for instruction.

Putonghua (common speech based on Beijing pronunciation) and the standar-dized characters designed for use throughout the country shall be widely used in instruction in schools and other institutions of education.

Article 13 The State awards units or individuals that have made outstanding achievements in the development of education.

Article 14 The State Council and the local people's governments at various levels shall guide and administer educational work under the principles of admini-stration by different levels and of a division of responsibilities.

Secondary education and education at lower levels shall be administered by the local people's governments under the guidance of the State Council.

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

Article 15 The administrative department of education under the State Council shall be in charge of the nationwide educational work, and undertake overall planning, coordination and management of the educational undertakings throughout the country.

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

Other departments concerned under the people's governments at or above the county level shall be responsible for the related educational work within the scope of their functions and duties.

Article 16 The State Council and the local people's governments at or above the county level shall report to the people's congresses at the corresponding levels or their standing committees on the work of education and on the budgets and final accounts of the operating expenses for education, which shall be subject to supervision.

CHAPTER II BASIC SYSTEM OF EDUCATION

Article 17 The State applies a school education system embracing pre- school education, primary education, secondary education and higher education.

The State establishes a scientific schooling system. The establishment, forms of instruction, length of schooling, enrollment targets, objectives of training, etc. of schools and other institutions of education governed by the schooling system shall be prescribed by the State Council or the administrative department of education empowered by the State Council.

Article 18 The State applies a system of nine-year compulsory education.

People's governments at all levels shall take various measures to guarantee school-age children and adolescents access to education.

Parents or other guardians of school-age children and adolescents as well as social organizations and individuals concerned shall have the obligation to ensure that school-age children and adolescents receive and complete compulsory education for the prescribed number of years.

Article 19 The State applies a system of vocational education and a system of adult education.

People's governments at various levels, the administrative departments concer-ned and enterprises and institutions shall adopt measures to develop educational programs and guarantee that citizens receive education in vocational schools or different types of vocational training.

The State encourages the development of varied forms of adult education so that citizens may receive appropriate education in politics, economics, culture, science and technology and professional or life-long education.

Article 20 The State applies a national education examination system.

The administrative department of education under the State Council shall determine the types of national education examination which shall be undertaken by the institutions that conduct such education examination as approved by the State.

Article 21 The State applies a system of education certificates.

Schools and other institutions of education established with the approval of or recognized by the State shall, in accordance with the relevant regulations of the State, grant educational qualification certificates or other education certificates.

Article 22 The State applies a system of academic degree.

Institutions entitled to grant academic degrees shall grant to persons who have attained the required academic or professional or technical level corresponding academic degrees and issue to them degree certificates in accordance with law.

Article 23 People's governments at various levels, grass-roots autonomous organizations of a mass character and enterprises and institutions shall take all kinds of measures to carry out literacy education program.

Citizens capable of receiving literacy education according to relevant regulations of the State shall receive literacy education.

Article 24 The State applies an educational supervision system and an educational evaluation system for schools and other institutions of education.

CHAPTER III SCHOOLS AND OTHER INSTITUTIONS OF EDUCATION

Article 25 The State formulates plans for the development of education and establishes and runs schools and other institutions of education.

The State encourages enterprises, institutions, public organizations and other social organizations, as well as individual citizens to establish and run schools or other institutions of education in accordance with law.

No organization or individual may establish or run a school or any other institution of education for profit-making purposes.

Article 26 For the establishment of a school or any other institution of education, the following basic conditions shall be fulfilled:

(1) having an organizational structure and rules and regulations;

(2) having qualified teachers;

(3) having teaching premises, facilities and equipment that are up to the required standards; and

(4) having the necessary funds for running the school as well as a stable source of funding.

Article 27 The establishment, modification or termination of a school or any other institution of education shall, in accordance with the relevant regulations of the State, go through the formalities of examination, verification, approval and registration or filing for the record.

Article 28 Schools and other institutions of education shall exercise the following rights:

(1) to administer school affairs independently in accordance with their rules and regulations;

(2) to organize and conduct educational and teaching activities;

(3) to enroll students or other educatees;

(4) to manage school roll and grant awards to or take disciplinary measures against educatees;

(5) to grant to educatees appropriate education certificates;

(6) to recruit teachers, other staff and workers and grant awards to or take disciplinary measures against them;

(7) to manage and use the facilities and financial resources of their own;

(8) to brook no unlawful interference in their educational and teaching activities by any organization or individual; and

(9) other rights prescribed by laws and regulations.

The State protects the lawful rights and interests of schools and other institutions of education from infringement.

Article 29 Schools and other institutions of education shall fulfil the following obligations:

(1) to observe laws and regulations;

(2) to implement the State's educational policies, apply the standards set by the State for education and teaching and guarantee the quality of education and teaching;

(3) to safeguard the lawful rights and interests of the educatees, teachers and other staff and workers;

(4) to provide convenience in appropriate ways for educatees and their guardians to have access to the educatees' academic performance and other relevant information;

(5) to collect fees according to the regulations of the State and publicize the individual items of such fees; and

(6) to be subjected to supervision according to law.

Article 30 Organizations or individuals that establish and run schools or other institutions of education may, in accordance with the relevant regulations of the State, determine the management system for the schools or other institutions of education that they establish and run.

The president or the leading administrator of a school or any other institution of education shall be a citizen of the nationality of the People's Republic of China, who has settled down within the territory of China and meets the qualifications for the post prescribed by the State, and he or she shall be appointed or removed in accordance with the relevant regulations of the State. The president of a school shall be in charge of the school's teaching and administration.

Schools and other institutions of education shall, in accordance with the relevant regulations of the State guarantee that teachers, staff members and workers participate in the democratic management and supervision through the congress of teachers, staff members and workers with teachers as its main body, or through other forms.

Article 31 A school or any other institution of education that meets the requirements for a legal person shall acquire the status of a legal person from the date on which its establishment is approved or it is registered.

A school or any other institution of education shall, in civil activities, enjoy civil rights and bear civil liabilities according to law.

The State assets in a school or any other institution of education shall be owned by the State.

Factories run by schools or other institutions of education shall bear civil liabilities independently.

CHAPTER IV TEACHERS AND OTHER EDUCATORS

Article 32 Teachers shall enjoy the rights prescribed by law, fulfil the obligations prescribed by law and devote themselves to the people's cause of education.

Article 33 The State protects the lawful rights and interests of teachers, improves their working and living conditions and enhances their social status.

Salaries and welfare benefits for teachers shall be handled according to the provisions of laws and regulations.

Article 34 The State applies a system of qualifications, posts and appoint-ment for teachers, enhances the quality of teachers and build a strong contingent of teachers by means of examination, awards and training.

Article 35 A system of educational administrators shall be applied for administrative personnel of schools and other institutions of education.

A system of appointment for professional or technical post shall be applied for auxiliary teaching staff and other professional or technical personnel in schools and other institutions of education.

Article 36 Educatees shall according to law enjoy equal rights in enrollment, admission to schools of a higher level, employment, etc.

Schools and administrative departments concerned shall, in accordance with relevant regulations of the State, ensure that females enjoy equal rights with males in enrollment, admission to schools of a higher level, employment, conferment of academic degrees, dispatch for study abroad, etc.

Article 37 The State and society provide financial assistance of various forms to children, adolescents and youths who meet the conditions for school admission but whose families have financial difficulties.

Article 38 The State, society, schools and other institutions of education shall carry out education for the disabled in light of their physical and mental conditions and needs and provide them with assistance and convenience.

Article 39 The State, society, families, schools and other institutions of education shall create conditions for adolescent delinquents to receive education.

Article 40 Employees shall have the right and obligation to receive voca-tional training and continuing education according to law.

State organs, enterprises and institutions as well as other social organizations shall create conditions and provide convenience for their staff and workers to study and receive training.

Article 41 The State encourages schools and other institutions of education as well as social organizations to take measures to create conditions for citizens to receive life-long education.

Article 42 Educatees shall enjoy the following rights:

(1) to participate in various activities arranged according to educational or teaching programs and use educational or teaching facilities, equipment and books and materials;

(2) to receive scholarships, student loans or subsidies in accordance with the relevant regulations of the State;

(3) to receive a fair evaluation of his or her academic performance and moral character, and receive an education certificate or academic degree certificate, as appropriate, upon completion of the required programs;

(4) to lodge a complaint with the competent department if he or she refuses to accept punishment imposed by the school, and to lodge a complaint or bring a lawsuit, in accordance with law, against an infringement upon his or her right of the person or property or other lawful rights and interests by the school authorities or teachers; and

(5) other rights as stipulated by law or regulations.

Article 43 Educatees shall fulfil the following obligations:

(1) to observe law and regulations;

(2) to observe norms of conduct for students, respect teachers and develop sound ideology, moral character and habits of conduct;

(3) to work hard in their studies and complete the assigned tasks of study; and

(4) to adhere to the management system of the school or any other institution of education they attend.

Article 44 Administrative departments of education, sports and public health, and schools or other institutions of education shall improve sports and health care facilities to ensure students good health both in body and in mind.

Article 45 State organs, units of the army, enterprises, institutions, public organizations, other social organizations and individuals shall, in accordance with law, create a good social environment for children, adolescents and students so that they may grow up healthy both physically and mentally.

Article 46 The State encourages enterprises, institutions, public organiza-tions and other social organizations to cooperate in various forms with institutions of higher learning and secondary vocational schools in teaching, scientific research, and technological development and popularization.

Enterprises, institutions, public organizations, other social organizations and individuals may, in appropriate ways, support the development of schools and participate in their management.

Article 47 State organs, units of the army, enterprises, institutions and other social organizations shall provide assistance and convenience for students' internships and social practices arranged by schools.

Article 48 Schools and other institutions of education shall take an active part in local public welfare activities, provided that this does not affect their normal educational and teaching activities.

Article 49 Parents or other guardians of minors shall provide the necessary conditions for their minor children or other minors under their guardianship to receive education.

Parents or other guardians of minors shall coordinate with schools or other institutions of education in educating their minor children or other minors under their guardianship.

Schools and teachers may furnish parents of students with guidance for family education.

Article 50 Libraries, museums, science and technology centers, cultural centers, art galleries, stadiums (gymnasiums) and other public cultural and sports facilities as well as places of historic and cultural interest and revolutionary memorial halls (sites) shall give preferential treatment to teachers and students and provide convenience for educatees to receive education.

Radio and television stations (centers) shall offer educational programs designed to help enhance the ideology and moral character and cultural, scientific and technological qualities of educatees.

Article 51 The State and society shall establish and develop educational facilities for minors to receive after-school education.

Schools and other institutions of education shall coordinate with grassroots autonomous organizations of a mass character, enterprises, institutions and public organizations to strengthen after-school education for minors.

Article 52 The State encourages public organizations, social and cultural institutions, other social organizations and individuals to offer social, cultural and educational activities that are conducive to the sound development in body and mind of educatees.

CHAPTER VII EDUCATIONAL INPUT AND GUARANTEE OF CONDITIONS

Article 53 The State practises a system wherein government appropriations constitute the main body of the educational appropriations, supplemented by funds raised from a variety of other sources, and the State gradually increases its educational input so as to ensure a stable source of educational appropriations for State-run schools.

With respect to schools and other institutions of education established and run by enterprises, institutions, public organizations, other social organizations or individuals, their operating expenses shall be raised by the respective sponsors; the people's governments at various levels may provide them with appropriate support.

Article 54 The proportion of educational appropriations in gross national product allocated by the State shall gradually rise, as the national economy develops and the financial revenue increases. The specific proportion and measures for its implementation shall be prescribed by the State Council.

The proportion of educational appropriations allocated by governments at various levels shall gradually rise along with the development of the national economy.

Article 55 The educational appropriations of the people's governments at various levels shall be listed separately in their fiscal budgets in accordance with the principle of their unified authority over the administrative affairs and the financial affairs.

The people's governments at various levels shall see to it that their appropriations for education shall increase at a faster rate than their regular revenues, that the average expenditure on per enrolled student shall increase steadily and that the teachers' salaries and the average public expenditure per student shall increase steadily.

Article 56 The State Council and the people's governments at or above the county level shall set up a special fund for education to be used mainly for assisting outlying and poverty-stricken areas and areas inhabited by minority ethnic groups in enforcing compulsory education there.

Article 57 Taxation authorities shall collect in full the extra charges of education funds, all of which shall be controlled by the administrative departments of education and used mainly for the enforcement of compulsory education.

Pursuant to the relevant regulations of the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to levy local extra charges for educational purpose, which shall be used exclusively for education.

The people's governments at the township level shall make arrangements for the collection of the extra charges of education funds incorporated in the overall planning of rural townships, which shall be administered by the administrative departments of education at the county level on behalf of the rural townships or by the people's governments of townships and shall be used for educational undertakings at the township and village levels of their respective townships. The specific proportion of the extra charges of education funds incorporated in the overall planning of rural townships and the specific measures for the administration thereof shall be prescribed by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 58 The State adopts preferential measures to encourage and help schools to launch work-study programs, to provide services for the community and to set up schools factories, on condition that this shall not affect the normal education and teaching.

Article 59 With the approval of the people's governments at the county level, people's governments of townships, nationality townships or towns may, on the basis of voluntariness and according to their own capability, raise funds in their own administrative areas for education. Funds thus raised shall be used for renovation and repairs of dilapidated buildings and construction of new buildings for schools providing compulsory education; such funds shall not be diverted to any other purposes.

Article 60 The State encourages social organizations and individuals both at home and abroad to donate money for education in China.

Article 61 Educational appropriations from the State and contributions and donations offered by social organizations or individuals for education shall be used for education; they shall not be diverted to any other purposes or withheld.

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

Article 63 People's governments at various levels and their administrative departments of education shall strengthen supervision and control over educational appropriations for schools and other institutions of education in order to achieve better results of investment in education.

Article 64 Local people's governments at various levels and their relevant administrative departments shall incorporate capital construction for schools into rural and urban construction plans, make overall arrangements for the land and materials needed for capital construction for schools, and give priority to and adopt preferential policies towards such capital construction in accordance with the relevant regulations of the State.

Article 65 People's governments at various levels shall, in accordance with the relevant regulations of the State, give priority and adopt preferential policies with regard to the publication and distribution of textbooks and other printed materials for teaching and learning purposes, the production and supply of teaching and learning instruments and equipment, and the importation of books and other printed materials, teaching and learning instruments and equipment for education and scientific research.

Article 66 People's governments at or above the county level shall develop satellite television education and other modern means for teaching and learning, and the administrative departments concerned shall give such development priority and support.

The State encourages the wide use of modern means in teaching and learning by schools and other institutions of education.

CHAPTER VIII FOREIGN EXCHANGE AND COOPERATION IN EDUCATION

Article 67 The State encourages foreign exchange and cooperation in education.

In conducting foreign exchange and co-operation in education, the principles of independence, equality, mutual benefit and mutual respect shall be adhered to, the laws of the People's Republic of China shall not be violated, and the State sovereignty and security and public interests shall not be harmed.

Article 68 To go abroad for study, research, academic exchange or teaching purposes by Chinese citizens within the territory of China shall be handled according to the relevant regulations of the State.

Article 69 Individuals outside the territory of China, who meet the requirements of the State and complete the relevant formalities, may enter China to study, do research, engage in academic exchange or teach in schools or other institutions of education. Their lawful rights and interests shall be protected by the State.

Article 70 Recognition of the academic degree certificates, educational qualification certificates and other types of education certificates issued by institutions of education outside the territory of China shall be governed by the international treaties to which China is a signatory party or has acceded, or by the relevant regulations of the State.

Article 71 Where, in violation of the relevant regulations of the State, educational appropriations are not examined and allocated as specified in the budget, the people's government at the corresponding level shall set a time limit for such examination and allocation; if the case is serious, leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Where, in violation of the State's fiscal system or financial system, educational appropriations are diverted to other purposes or withheld, the organ at a higher level shall order the return, within a time limit, of the part of the appropriations that is diverted to other purposes or withheld and shall impose, in accordance with law, administrative sanctions on the leading persons directly in charge and other persons directly responsible for it; if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 72 If anyone engages in gang-fighting or stirs up quarrels, thus disrupting educational or teaching order of schools or other institutions of education, or destroys school buildings, sites or other property, he shall be given administrative penalties for public security by public security organs; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

If anyone illegally occupies school buildings, sites or other property, he shall bear civil liabilities according to law.

Article 73 If anyone knowingly fails to take measures with regard to the school buildings or educational or teaching facilities that are dangerous, thus causing human casualties or heavy losses of property, the leading persons directly in charge and other persons directly responsible for it shall be investigated for criminal responsibility according to law.

Article 74 If anyone, in violation of the relevant regulations of the State, collects fees from a school or any other institution of education, he shall be ordered by the government concerned to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 75 If anyone, in violation of the relevant regulations of the State, establishes schools or other institutions of education, such schools or institutions shall be dissolved by the administrative department of education; the unlawful gains, if any, shall be confiscated; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 76 If anyone, in violation of the relevant regulations of the State, enrolls students or other trainees, he shall be ordered by the administrative department of education to send back such students or trainees and to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 77 If anyone practises favoritism or other irregularities in enrolling students or other trainees, he shall be ordered by the relevant administrative department of education to dismiss the students or trainees; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

Article 78 Where schools or other institutions of education, in violation of the relevant regulations of the State, collect fees from educatees, such schools or institutions shall be ordered by the relevant administrative department of education to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 79 If cheating on a national education examination is found, the relevant administrative department of education shall nullify the examination, and shall, in accordance with law, impose administrative sanctions on the leading persons directly in charge and other persons directly responsible for it.

A national education examination that is held illegally shall be nullified by the relevant administrative department of education; the unlawful gains, if any, shall be confiscated; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.

Article 80 The relevant administrative department of education shall nullify the academic degree certificates, educational qualification certificates or other education certificates that are issued in violation of the provisions of this Law, and shall order their return or confiscation; the unlawful gains, if any, shall be confiscated; if the case is serious, the institution concerned shall be disqualified for conferring the certificates.

Article 81 If anyone, in violation of the provisions of this Law, infringes upon the lawful rights and interests of teachers, educatees or schools or other institutions of education, thus causing losses or damage, he shall bear civil liabilities according to law.

CHAPTER X SUPPLEMENTARY PROVISIONS

Article 82 Regulations on education in military schools shall be formulated by the Central Military Commission in accordance with the principles of this Law.

Regulations on education in religious schools shall be formulated by the State Council separately.

Article 83 Measures governing the establishment of schools within the territory of China by organizations or individuals outside China or through their cooperation with organizations or individuals inside China shall be formulated by the State Council.

Article 84 This law shall go into effect as of September 1, 1995.

TEACHERS LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Effective Date:1994.01.01--Ineffective Date:)
CHAPTER I GENERAL PROVISIONS CHAPTER II RIGHTS AND OBLIGATIONS CHAPTER III QUALIFICATIONS AND EMPLOYMENT CHAPTER IV CULTIVATION AND TRAINING CHAPTER V ASSESSMENT CHAPTER VI MATERIAL BENEFITS CHAPTER VII REWARDS CHAPTER VIII LEGAL LIABILITY CHAPTER IX SUPPLEMENTARY PROVISIONS

Article 1 This Law is formulated for the purpose of safeguarding teachers' legitimate rights and interests, building up a contingent of teachers who are sound in moral character and good in professional competence, and promoting the development of socialist education.

Article 2 This Law shall apply to teachers specially engaged in education and teaching at schools of various levels and categories or other institutions of education.

Article 3 Teachers are professionals who exercise the functions of education and teaching and are charged with the duty of imparting knowledge and educating people, training builders and successors for the socialist cause and enhancing the quality of the nation. Teachers shall devote themselves to the educational cause of the people.

Article 4 People's governments at various levels shall adopt measures to strengthen ideological and political education and professional training of teachers, improve their working and living conditions, safeguard their legitimate rights and interests and raise their social status.

Teachers shall be respected in the whole society.

Article 5 The administrative department of education under the State Council shall be in charge of the work concerning teachers in the whole country.

The departments concerned under the State Council shall, within the scope of their functions and powers, be responsible for the relevant work concerning teachers.

Schools and other institutions of education shall administer the affairs of teachers on their own according to the relevant provisions of the State.

Article 6 September 10 of each year is designated as Teachers' Day.

CHAPTER II RIGHTS AND OBLIGATIONS

Article 7 Teachers shall enjoy the following rights:

(1) to conduct educational and teaching activities and carry out reform and experiment in education and teaching;

(2) to engage in scientific research and academic exchanges, join professional academic societies and fully express their views in academic activities;

(3) to give guidance to students in their studies and development and evaluate students' conduct and academic achievements;

(4) to obtain salaries and remunerations on schedule and enjoy the welfare benefits prescribed by the State and the leave with pay in winter and summer vacations;

(5) to put forward opinions and suggestions regarding education, teaching, management of schools and the work of the administrative departments of education; and to participate in the democratic management of schools through congresses of teachers, staff and workers, or through other forms; and

(6) to take refresher courses or other forms of training.

Article 8 Teachers shall perform the following obligations:

(1) to abide by the Constitution, laws and professional ethics, and be paragons of virtue and learning;

(2) to implement the educational policies of the State, observe relevant rules and regulations, carry out schools' teaching plans, fulfil teaching contracts and accomplish educational and teaching tasks;

(3) to conduct education among students in the basic principles defined in the Constitution, education in patriotism, national unity and the legal system, and education in ideology, morality, culture, science and technology, and to organize and lead students to engage in beneficial social activities;

(4) to concern themselves with all students, love them, respect their dignity and promote their all-round development in such aspects as morality, intelligence and physique;

(5) to stop acts that are harmful to students and other acts that encroach upon students' legitimate rights and interests, criticise and combat the phenomena that impair the sound growth of students; and

(6) to ceaselessly raise their ideological level and political consciousness and improve their professional competence in education and teaching.

Article 9 To guarantee that teachers complete their educational and teaching tasks, people's governments at various levels, administrative departments of education, relevant departments, schools and other institutions of education shall perform the following functions and duties;

(1) to provide educational and teaching facilities and equipment that are up to the safety standards set by the State;

(2) to provide necessary books, reference materials and other articles for education and teaching;

(3) to encourage and help teachers in their creative work in education, teaching and scientific research; and

(4) to back up teachers in their efforts to stop acts that are harmful to students and other acts that encroach upon students' legitimate rights and interests.

CHAPTER III QUALIFICATIONS AND EMPLOYMENT

Article 10 The State shall institute a system of qualifications for teachers.

All Chinese citizens, who abide by the Constitution and laws, take a keen interest in education, have sound ideological and moral character, possess a record of formal schooling as stipulated in this Law or have passed the national teachers' qualification examinations, have educational and teaching ability may, after being evaluated as qualified, obtain qualifications for teachers.

Article 11 To obtain qualifications for teachers, corresponding records of formal schooling are required as follows:

(1) to obtain qualifications for a teacher in a kindergarten, one shall be a graduate of an infant normal school or upwards;

(2) to obtain qualifications for a teacher in a primary school, one shall be a graduate of a secondary normal school or upwards;

(3) to obtain qualifications for a teacher in a junior middle school, or a teacher for general knowledge courses and specialized courses in a primary vocational school, one shall be a graduate of a specialized higher normal school, or other colleges or universities with two or three years' schooling or upwards;

(4) to obtain qualifications for a teacher in a senior middle school, or a teacher for general knowledge courses and specialized courses in a secondary vocational school, technical school or a vocational high school, one shall be a graduate of a normal college or other colleges or universities with four years' schooling or upwards; the corresponding record of formal schooling for the qualifications of instructors who give guidance to students' fieldwork at secondary vocational schools, technical schools or vocational high schools shall be prescribed by the administrative department of education under the State Council;

(5) to obtain qualifications for a teacher in an institution of higher learning, one shall be a postgraduate or university graduate; and

(6) to obtain qualifications for a teacher for adult education, one shall be a graduate respectively of an institution of higher learning, a secondary school or upwards depending on the level and category of the adult education.

Citizens who, without the records of formal schooling for teachers' qualifications as stipulated in this Law, apply for teachers' qualifications must pass the national teachers' qualification examinations. The national teachers' qualifications examination system shall be prescribed by the State Council.

Article 12 The administrative department of education under the State Council shall work out transition measures on qualifications for teachers who, before the enforcement of this Law, have been teaching at schools or other institutions of education, but do not have the record of formal schooling as stipulated in this Law.

Article 13 The qualifications for teachers in primary and middle schools shall be evaluated and approved by the administrative departments of education under the local people's governments at or above the county level. The qualifications for teachers in secondary vocational schools and technical schools shall be evaluated and approved by the relevant competent departments, under the auspices of the administrative departments of education under the local people's governments at or above the county level. The qualifications for teachers of regular institutions of higher education shall be evaluated and approved by the administrative departments of education under the State Council, or of provinces, autonomous regions, or municipalities directly under the Central Government, or by schools authorized by such departments.

If a citizen who possesses a record of formal schooling as stipulated in this Law, or who has passed the national teachers' qualification examinations, requests the departments concerned to evaluate and approve his qualifications for teachers, the departments concerned shall give evaluation and approval in accordance with the requirements provided for in this Law.

Those with qualifications for teachers who are for the first time appointed as teachers shall undergo a probation period.

Article 14 Those who have been deprived of political rights or subjected to fixed-term imprisonment or even more severe punishment for intentional crime shall not be allowed to obtain qualifications for teachers; and those who have already obtained qualifications for teachers shall forfeit such qualifications.

Article 15 Graduates of normal schools at various levels shall be engaged in education and teaching in accordance with the relevant provisions of the State.

The State shall encourage graduates of non-normal schools of higher learning to teach at primary and secondary schools or vocational schools.

Article 16 The State shall institute a system of professional titles for teachers. The specific measures shall be worked out by the State Council.

Article 17 Schools and other institutions of education shall gradually institute a system of appointment for teachers. Appointment of teachers shall be based on the principle of equality between both parties. The school and the teacher shall sign an appointment contract defining each other's rights, obligations and responsibilities.

Steps and measures for implementing the appointment system for teachers shall be formulated by the administrative department of education under the State Council.

CHAPTER IV CULTIVATION AND TRAINING

Article 18 People's governments at various levels and the departments concerned shall make a success of normal school education and adopt measures to encourage outstanding youth to study at normal schools at various levels. Schools for teachers' advanced studies at different levels shall undertake the task of training teachers for primary and secondary schools.

Non-normal schools shall undertake the task of cultivating and training primary and secondary school teachers.

Students of normal schools at various levels shall enjoy professional scholarships.

Article 19 The administrative departments of education under the people's governments at various levels, the departments in charge of school affairs and the schools shall work out teachers' training programmes and conduct various forms of ideological, political and professional training among teachers.

Article 20 State organs, enterprises, institutions and other social organizations shall provide convenience and assistance to teachers in their social investigation and social practice.

Article 21 People's governments at various levels shall adopt measures to cultivate and train teachers for regions inhabited by national minorities and for outlying and poverty-stricken areas.

Article 22 Schools or other institutions of education shall conduct assessment of teachers' political awareness and ideological level, professional qualifications, attitude towards work and their performances.

The administrative departments of education shall guide and supervise the assessment work for teachers.

Article 23 Assessment shall be conducted in an objective, fair and accurate manner and in the process of assessment, opinions from teachers themselves, their colleagues and students shall be taken into full consideration.

Article 24 The assessment results shall be the basis for teachers' appointment and pay rise as well as rewards and punishments.

Article 25 Teachers' average salary shall not be lower or shall be higher than that of State public servants and shall be gradually raised. A regular system for promotion and pay rise shall be established, and the specific measures therefor shall be formulated by the State Council.

Article 26 Teachers of primary and secondary schools and vocational schools shall enjoy allowances commensurate with the length of their teaching and other allowances, and the specific measures therefor shall be formulated by the administrative department of education under the State Council in conjunction with the departments concerned.

Article 27 Local people's governments at various levels shall grant subsidies to teachers and graduates from secondary vocational schools or from schools at higher levels who engage themselves in education and teaching in regions inhabited by national minorities or in outlying and poverty-stricken areas.

Article 28 Local people's governments at various levels and the departments concerned under the State Council shall give priority and preferential treatment to the construction, renting and sale of houses for teachers in urban areas.

People's governments at the county and township levels shall provide conveniences for primary and secondary school teachers in rural areas in solving the housing problems.

Article 29 Teachers shall enjoy equal treatment in medical care as the State public servants in the localities. They shall be given regular health check-ups and shall enjoy rest and recuperation holidays arranged in the light of local conditions.

Medical institutions shall provide conveniences in medical care for teachers in the localities.

Article 30 After retirement or quitting work, teachers shall enjoy the material benefits as prescribed by the State.

Local people's governments at or above the county level may appropriately raise the ratio of pensions for the retired primary and secondary school teachers who have long been engaged in education and teaching.

Article 31 People's governments at various levels shall adopt measures to improve the material benefits of teachers who are paid, with subsidies from the State, by the collectives, gradually making sure that such teachers receive equal pay for equal work with teachers who are paid by the State. The specific measures therefor shall be formulated by the local people's governments at various levels in the light of their actual local conditions.

Article 32 The material benefits of teachers at schools run by different sectors of the society shall be determined and guaranteed by the sponsors themselves.

Article 33 Teachers who have achieved excellent results in education and teaching, in the training of personnel, and in scientific research, educational reform, school development, social services and work-study programmes shall be commended and awarded by the schools which they belong to.

Teachers who have made outstanding contributions shall be commended and awarded by the State Council, the local people's governments at various levels and the relevant departments under them.

Teachers who have made major contributions shall be conferred honorary titles in accordance with relevant provisions of the State.

Article 34 The State shall encourage and support social organizations and individuals to donate money to foundations established according to law for awarding teachers.

Article 35 Anyone who insults or assaults a teacher shall be given an administrative sanction or penalty depending on the different circumstances; those who have caused losses or injury shall be ordered to compensate for the losses; and if the circumstances are serious enough to constitute a crime, the offender shall be investigated for criminal responsibility according to law.

Article 36 Anyone who retaliates against the teachers who have made complaints, charges against or exposures of, any organization or individual in accordance with the law shall be ordered by his or her unit or by the authorities at a higher level to make a rectification; if the circumstances are serious, the offender may be given an administrative sanction in the light of the actual conditions.

State functionaries who retaliate against teachers, if the case constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law.

Article 37 Teachers involved in any of the following circumstances shall be given administrative sanctions or dismissed by their schools, other institutions of education or administrative departments of education:

(1) intentionally not accomplishing educational and teaching tasks and thus causing losses to educational and teaching work;

(2) imposing corporal punishments on students and refusing to mend their way after being criticized;

(3) having improper conduct and insulting students, thus making very bad impressions.

Teachers who are involved in any of the circumstances specified in item (2) or (3) of the preceding paragraph, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law.

Article 38 The local people's governments shall order anyone who, in violation of the provisions of this Law, defaults on paying teachers' salaries or infringes upon other legitimate rights and interests of teachers, to make a rectification within a specified time limit.

Anyone who violates the State's financial and accounting rules and regulations, misappropriates the State's funds allocated for education, seriously hampers the work of education and teaching, defaults on paying teachers' salaries and impairs their legitimate rights and interests, shall be ordered by the authorities at a higher level to return the misappropriated funds within a specified time limit, and those who are held directly responsible shall be given administrative sanctions; and if the circumstances are serious enough to constitute a crime, the offenders shall be investigated for criminal responsibility according to law.

Article 39 Teachers whose legitimate rights and interests are infringed upon by schools or other institutions of education or who are not satisfied with the settlement made by schools or other institutions of education may appeal to the administrative departments of education. The administrative departments of education shall deal with the matter within 30 days from receipt of the appeal.

Teachers who hold that the administrative departments concerned under the local people's governments have infringed upon the rights they shall enjoy under this Law may appeal to the people's governments at the corresponding levels or to the departments concerned under the people's governments at the next higher levels. The departments concerned under the people's governments at the corresponding levels or the departments concerned under the people's governments at the next higher levels shall deal with the appeals.

CHAPTER IX SUPPLEMENTARY PROVISIONS

Article 40 The meanings of the following expressions as used in this Law are:

(1) "Schools of various levels and categories" refer to the schools that carry out pre-school education, regular primary education, regular secondary education, vocational education, regular higher education, special education or adult education.

(2) "Other institutions of education" refer to children's palaces, local teaching and research sections and institutions that conduct audio- visual education.

(3) "Primary and secondary school teachers" refer to teachers working in kindergartens, institutions of special education, regular primary and secondary schools, institutions of primary and secondary education for adults, secondary vocational schools and other institutions of education.

Article 41 The relevant provisions of this Law may be applied mutatis mutandis in the light of the actual conditions to the educational and teaching assistants of schools or other institutions of education, as well as teachers and the educational and teaching assistants of schools of other categories.

Relevant regulations governing the teachers and the educational and teaching assistants of colleges and schools of the Army shall be formulated by the Central Military Commission on the basis of this Law.

Article 42 The measures for the employment of foreign teachers shall be formulated by the administrative department of education under the State Council.

Article 43 This law shall come into effect as of January 1, 1994.

VOCATIONAL EDUCATION LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Effective Date£º1996.09.01--Ineffective Date£º)
CHAPTER I GENERAL PROVISIONS CHAPTER II SYSTEM OF VOCATIONAL EDUCATION CHAPTER III PROVISION OF VOCATIONAL EDUCATION CHAPTER IV CONDITIONS ENSURING THE PROVISION OF VOCATIONAL EDUCATION CHAPTER V SUPPLEMENTARY PROVISIONS

Article 1 This Law is enacted in accordance with the Education Law and the Labour Law, for the purpose of implementing the strategy for revitalizing the country by means of science and education, developing vocational education, enhancing the quality of workers and promoting the socialist modernization drive.

Article 2 This Law applies to vocational schools of all types and levels and to all forms of vocational training. Specialized training provided by State organs for their functionaries shall be governed by separate laws and administrative rules and regulations.

Article 3 Vocational education constitutes an important component of the nation's educational undertakings as well as an important avenue for promoting economic and social development and employment.

The State undertakes the development of vocational education, promotes its reform so as to improve its quality and institute and perfect system of vocational education that suits the needs of the socialist market economy and the needs of social progress.

Article 4 In the provision of vocational education, the State's educational principles shall be implemented, that is, ideological and political education and the education in professional ethics shall be conducted, vocational knowledge imparted, vocational skills fostered and vocational guidance provided to the educatees so as to enhance their quality in an all-round way.

Article 5 Citizens shall have the right to receive vocational education according to law.

Article 6 People's governments at various levels shall incorporate the development of vocational education into their plans for national economic and social development.

Trade organizations, enterprises and institutions shall, in accordance with law, fulfill their obligations to provide vocational education.

Article 7 The State adopts measures to develop vocational education in rural areas and provides support and assistance to areas inhabited by minority nationalities and outlying and poverty-stricken areas in developing vocational education.

The State adopts measures to enable women to receive vocational education, organize the unemployed to receive different forms of vocational education, and support the development of vocational education for the disabled.

Article 8 Vocational education shall be provided in light of actual needs and in conformity with the standards established by the State for classifying and grading occupations. A system comprising certificates of schooling, certificates of vocational training and certificates of occupational qualifications shall be practised.

The State practises a system whereby workers receive the necessary vocational education prior to employment or assignment.

Article 9 The State encourages and arranges scientific research on vocational education.

Article 10 The State gives awards to units and individuals that have made outstanding achievements in vocational education.

Article 11 The administrative department for education under the State Council shall be responsible for the overall planning, comprehensive coordination and macro-management of vocational education.

The administrative departments for education, labor and other relevant departments under the State Council shall, within their respective functions and responsibilities defined by the State Council, be responsible for the different aspects of vocational education.

Local people's governments at or above the county level shall strengthen leadership, overall coordination, supervision, guidance and assessment of vocational education in areas under their jurisdiction.

CHAPTER II SYSTEM OF VOCATIONAL EDUCATION

Article 12 In light of the different levels of economic development and degrees of universal education in different areas, the State introduces a division of education, at different stages, chiefly among junior secondary school graduates, so that some of them may receive regular senior secondary school education and others may receive occupational education, and institutes and perfects a vocational education system whereby vocational school education is conducted simultaneously with vocational training and is interconnected and developed in coordination with other types of education.

Article 13 Vocational school education is divided into three levels, namely, elementary, secondary and tertiary.

The elementary and secondary vocational school education shall be provided by elementary and secondary vocational schools. The tertiary vocational education shall be provided, where necessary and where conditions permit, either by tertiary vocational schools or by regular institutions of higher education. Other types of schools may provide vocational school education at the same level in compliance with the overall plans drawn up by the administrative department for education.

Article 14 Vocational training comprises pre-service training, training to facilitate change of occupations; apprentice training, on-the-job training, job-transfer training and other categories of vocational training, and all these categories of training may, in light of actual conditions, be divided into three levels: elementary, secondary and tertiary.

Vocational training shall be provided by the appropriate vocational training institutions and/or vocational schools.

Other schools or institutions of education may, depending on their own capabilities, provide various forms of vocational training to meet social needs.

Article 15 Vocational training for the disabled shall be provided by institutions of education for the disabled, in addition, vocational schools and vocational training institutions of various types and at different levels and other types of institutions of education shall accept disabled students in accordance with the relevant regulations of the State.

Article 16 Regular secondary schools may provide vocational subjects in light of local conditions, or supplement existing subjects with appropriate subject matters related to vocational education in light of actual needs.

CHAPTER III PROVISION OF VOCATIONAL EDUCATION

Article 17 People's governments at or above the county level shall establish vocational schools and vocational training institutions to serve as a mainstay and play an exemplary role, which shall provide guidance and assistance to the vocational schools and vocational training institutions established in accordance with law by rural communities and other public organizations, as well as individual citizens.

Article 18 In response to the needs of well-coordinated development of the rural economy, science and technology, and education, people's governments at the county level shall provide various forms of vocational education and develop training programs of practical skills so as to promote the development of rural vocational education.

Article 19 Competent government departments and trade organizations shall, by itself or jointly, establish vocational schools or vocational training institutions, as well as arrange for, coordinate the efforts of and provide guidance to the enterprises and institutions of the trades concerned to establish vocational schools or vocational training institutions.

The State encourages the use of modern means of teaching in developing vocational education.

Article 20 An enterprise shall, in light of its actual conditions, provide systematic vocational education and training for its own employees and for the persons to be employed.

An enterprise may establish vocational school(s) or vocational training institution(s) either by itself or in collaboration with other enterprise(s), and it may also entrust existing schools or vocational training institutions to provide vocational education for its own employees or for the persons to be employed.

Any worker who is to do a technical type of job must undergo training beforehand; and any worker who is to do a job that requires special skills must undergo training and obtain the necessary qualifications for such a job.

Article 21 The State encourages institutions, non-governmental organizations, other public organizations and individual citizens to establish vocational schools and vocational training institutions in accordance with relevant State regulations.

Measures for the establishment of vocational schools and vocational training institutions within Chinese territory by an organization or individual from abroad shall be formulated by the State Council.

Article 22 For a jointly operated vocational school or vocational training institution, the collaborators shall conclude a contract for the joint establishment and running of such a school or institution.

Any competent government department, trade organization, enterprise or institution which intends to entrust a school or vocational training institution with the provision of vocational educational programs shall conclude a contact of authorization with the latter.

Article 23 In teaching, vocational schools and vocational training institutions should integrate education with industrial production, aim at serving the needs of local economic development, and maintain close ties with enterprises, thus helping trainees to acquire practical skills and become skilled workers.

Vocational schools and vocational training institutions may set up enterprises or have places for practice that are related to the vocational education programs provided.

Article 24 To establish a vocational school, the following basic conditions shall be satisfied:

(1) having an organizational structure and rules and regulations;

(2) having qualified teachers;

(3) having premises for teaching that meet specified standards and having facilities and equipment that meet the needs of vocational education;

(4) having the necessary funds for establishing the school and stable sources of operating funds.

To establish a vocational training institution, the following basic conditions shall be satisfied:

(1) having an organizational structure and a system for management;

(2) having teachers and managerial personnel that meet the needs of the training programs provided;

(3) having places, facilities and equipment that meet the needs of training;

(4) having the needed operating funds.

The establishment, modification, and/or termination of a vocational school or a vocational training institution shall be governed by relevant State regulations.

Article 25 A student who has received education at a vocational school and passed the examinations administered by the school shall be issued a certificate of schooling in accordance with relevant State regulations. A student who has received vocational training provided by a vocational school or vocational training institution and passed the examinations administered by the school or vocational training institution shall be issued a certificate of training in accordance with relevant State regulations.

According to relevant State regulations, the certificates of schooling and the certificates of training shall serve as qualifying certificates for graduates of vocational schools and for trainees who have completed their vocational training programs to seek employment.

CHAPTER IV CONDITIONS ENSURING THE PROVISION OF VOCATIONAL EDUCATION

Article 26 The State encourages efforts to raise funds in accordance with law and through multiple avenues for developing vocational education.

Article 27 The people's government of a province, autonomous region or municipality directly under the Central Government shall determine the average expenses for students of the vocational schools in the area under its jurisdiction; the relevant departments under the State Council shall, in collaboration with the department of finance under the State Council, do the same for students of the vocational schools of their departments. The sponsor of a vocational school shall appropriate adequate funds and pay in full the average expenses for the students.

The fiscal appropriations provided by the people's governments at various levels and by relevant departments under the State Council for the establishment and maintenance of vocational schools and vocational training institutions shall gradually increase.

No organization or individual shall be allowed to misappropriate or withhold the funds designated for vocational education.

Article 28 An enterprise shall bear the expenses for the vocational education of its own employees and of the persons it plans to employ, and the specific measures shall be formulated according to law by the relevant departments under the State Council in collaboration with the finance department under the State Council or by the people's government of a province, autonomous region or municipality directly under the State Council.

Article 29 If an enterprise fails to provide vocational education in accordance with the provisions of Article 20 of this Law, the local people's government at or above the county level shall order it to put it right; if the enterprise reuses to put it right, the government may collect from it the amount of expenses that it should assume and use the money for the local vocational education.

Article 30 With regard to the local surcharges which the government of a province, autonomous region or municipality directly under the Central Government has decided, in accordance with the relevant provisions of the Education Law, to levy for educational purposes, a certain proportion of it may be used for vocational education, or a part of it may be used to finance specific project(s) of vocational education.

Article 31 People's governments at various levels may allocate an appropriate part of the funds earmarked for developing science and technology and for spreading the use of advanced techniques in rural areas for the use of vocational training there.

Article 32 Vocational schools and vocational training institutions may charge their students receiving secondary or tertiary education or training an appropriate sum of tuition, but they should, at their discretion, reduce the tuition of the students who have financial difficulties or who are disabled or exempt them from tuition. The measures for charging tuition fees shall be formulated by the people's government of a province, autonomous region or municipality directly under the Central Government.

The State supports enterprises, institutions, non-governmental organizations, other public organizations and individual citizens in their efforts to establish scholarships and/or grant loans, in accordance with relevant State regulations, for the purpose of awarding students with outstanding scholastic achievements or assisting students with financial difficulties.

Article 33 The earnings derived by vocational schools or vocational training institutions from running enterprises or providing social services shall be mainly used for developing vocational education.

Article 34 The State encourages financial institutions to support the development of vocational education by providing loans.

Article 35 The State encourages enterprises, institutions, non- governmental organizations, other public organizations and individual citizens to make donations to aid vocational education and it also encourages organizations and individuals abroad to fund or make donations for vocational education. All such funds and donations must be used for vocational education.

Article 36 People's governments at or above the couty level and the relevant departments shall incorporate the preparation and in-service training of vocational education teachers into their plans for sugmenting the teaching staff in general, so as to ensure that the increase of vocational education teachers meet the needs of the development of vocational education.

A vocational school or vocational training institution may recruit specialized technicians and persons with special expertise, as well as teachers from other institutions of education to serve as part-time teachers. The departments and institutions concerned shall facilitate the recruitment of such persons.

Article 37 Efforts should be made by the relevant departments under the State Council, local people's governments at or above the county level, and organizations and individual citizens that set up vocational schools or vocational training institutions to build bases for production and practice in vocational education.

Enterprises and institutions should let the students and teachers of vocational schools and vocational training institutions practise there, and should give appropriate remuneration to those who do practical work.

Article 38 People's governments at or above the county level and the relevant departments shall institute and perfect a system in the service of vocational education and improve the compilation, publication and distribution of textbooks and other teaching materials used for vocational education.

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 39 Whoever violates the provisions of the Education Law in vocational education activities shall be punished in accordance with the relevant provisions of the Education Law.

Article 40 This law shall come into force as of September 1, 1996.

RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON CONTINUED DISSEMINATION OF AND EDUCATION IN THE LEGAL SYSTEM

(Effective Date£º1996.05.15--Ineffective Date£º)

Dissemination of and education in the legal system, which began in 1986, has been going on for ten years and has played a positive role in enhancing the whole nation's understanding of the legal system, promoting the development of socialist democracy and the socialist legal system and ensuring success in reform and the open policy and progress of the socialist modernization drive. In order to meet the need of building and improving the system of a socialist market economy and promoting fulfillment of the Ninth Five-Year Plan for national economic and social development and attainment of the Outline of the Long-Range Objectives through the Year 2010, the Standing Committee of the National People's Congress believes that it is necessary to implement a third five-year plan (1996-2000) for dissemination of and education in the legal system among citizens. The purpose is, through continued and deepened dissemination of and education in the legal system, focusing on the Constitution, the basic laws and the knowledge of laws governing the socialist market economy, to further enhance all citizens' conception of the legal system and their awareness of the importance of laws, help cadres at all levels steadily raise their level and increase their ability of handling matters and administering affairs in accordance with law, see to it that acts mut be compatible with the existing laws, laws must be enforced strictly and any violation of law must be investigated, and push forward the process of administering State affairs according to law and building the country under a socialist legal system. Hence, the Standing Committee has adopted the resolution as follows:

1. All citizens who are able to do so should receive publicity of and education in the legal system and carefully study the Constitution and acquire knowledge of the relevant laws, so that they will be able to understand the laws, observe them and protect the lawful rights and interests of the State, the collective and the individual in accordance with law.

2. Leading cadres at all levels, senior leading cardres in particular, should take the lead in studying the Constitution and acquiring knowledge of the laws, abiding by the Constitution and laws and handling matters strictly in accordance with law, so that they will make policy decisions and administer affairs according to law.

Cadre schools of all types and at all levels should make education in the legal system a required course. When examining or appraising their cadres, all departments and local authorities should see whether they have acquired the necessary knowledge of laws and whether they can handle matters strictly in accordance with law, which should be made one of the major qualifications.

3. Law-enforcing officers of judicial organs and administrative law- enforcing organs should, according to need of their work, receive training in the knowledge of laws, proficiently master and apply the laws and rules and regulations as required by their own jobs, enhance their own understanding of laws and perform their duties in accordance with law, so that they can administer affairs according to law and execute justice impartially.

4. Managers and administers of enterprises and institutions should make mastery of the knowledge of the laws governing the socialist market economy a necessary qualification and study the relevant laws, rules and regulations in connection with the actual conditions of their own enterprise or institution, so that they can manage or administer affairs strictly in accordance with law, conscientiously observe market order and safeguard public interests.

5. Teenagers should acquire the necessary knowledge of laws. Universities, colleges, secondary schools (including the secondary technical schools) and primary schools should all offer education in the legal system. Organizations at the grassroots level should pay attention to education in the general knowledge of laws among teenagers in society at large.

6. Vivid dissemination of and education in the legal system should be conducted in different forms to suit the different characteristics of people and stress should be placed on actual results. Departments of culture, the press, publishing, radio, television and film should give full play to the important role of the mass media and actively disseminate and conduct education in the legal system.

7. Dissemination of and education in the legal system should be conducted in connection with the application of the system and the actual economic and social development and with the aim of promoting the lawful management of all undertakings. Lawful administration of the affairs of a village, town, county, city or province and lawful management of different trades and departments should be promoted with the high aim of administering State affairs according to law in mind.

8. Implementation of the third five-year plan for disseminating and conducting education in the legal system among citizens and its continued and deepened dissemination and education are the common obligation of the society as a whole and must be accomplished under the leadership of the Chinese Communist Party and by mobilizing and relying on all sectors of the society. All State organs and armed forces, all political parties and public organizations, and all enterprises and institutions should conscientiously disseminate and conduct education in the legal system among citizens working in there. The standing committees of the people's congresses and the people's governments at all levels should exercise firm leadership and supervision over the implementation of the plan and this Resolution and take effective measures to carry out the work steadily as a regular practice and make it a rule, so that studying and applying laws and handling matters in accordance with law will become a social conduct throughout the society and a good legal environment will be created for reform and the open policy and for the socialist modernization drive.