Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution and the Education Law for the purpose of developing higher education, implementing the strategy of rejuvenating the country through science and education and promoting the construction of socialist material and spiritual civilization.
Article 2 This Law is applicable to higher education activities in People's Republic of China (PRC). The term "higher education" as mentioned in this Law refers to the education implemented on the basis of completing senior secondary education.
Article 3 The State adheres to the guidance of Marxism–Leninism, Mao Zedong Thought and Deng Xiaoping Theory and follows the basic principles set by the Constitution to develop socialist higher education.
Article 4 Higher education must implement the national educational policy, serve the socialist modernization, and combine with productive labor, so that the educated can become builders and successors of the socialist cause with all-round development in morality, intelligence and physique.
Article 5 The task of higher education is to cultivate senior professionals with innovative spirit and practical ability, develop science, technology and culture, and promote socialist modernization.
Article 6 The state shall, according to the needs of economic construction and social development, formulate plans for the development of higher education, establish institutions of higher learning and actively develop various forms of higher education. The state encourages enterprises, institutions, social organizations, other social organizations, citizens and other social forces to establish institutions of higher learning according to law, and participate in and support the reform and development of higher education.
Article 7 According to the needs of socialist modernization and the development of socialist market economy, the state promotes the reform of higher education system and higher education teaching, optimizes the structure and resource allocation of higher education, and improves the quality and efficiency of higher education.
Article 8 The state shall, according to the characteristics and needs of ethnic minorities, help and support the development of higher education in ethnic minority areas and train senior professionals for ethnic minorities.
Article 9 Citizens shall have the right to receive higher education according to law.
The state takes measures to help minority students and students with financial difficulties receive higher education. Institutions of higher learning must recruit students with disabilities who meet the admission standards set by the state, and may not refuse to recruit students because of their disabilities.
Article 10 The state guarantees the freedom of scientific research, literary and artistic creation and other cultural activities in institutions of higher learning according to law. Scientific research, literary and artistic creation and other cultural activities in institutions of higher learning shall abide by the law.
Eleventh institutions of higher learning should face the society, run schools independently according to law, and practice democratic management.
Article 12 The State encourages cooperation among institutions of higher learning, between institutions of higher learning and scientific research institutions, and between enterprises and institutions, so as to complement each other's advantages and improve the efficiency in the use of educational resources. The state encourages and supports international exchanges and cooperation in higher education.
Thirteenth the State Council unified leadership and management of higher education. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall make overall plans for higher education within their respective administrative areas, and manage the institutions of higher learning authorized by the State Council to train talents mainly for local people.
Article 14 The administrative department of education in the State Council is in charge of higher education and manages the institutions of higher learning designated by the State Council as the main training institutions. Other relevant departments of the State Council shall be responsible for higher education within the scope of duties stipulated by the State Council.
Chapter II Basic System of Higher Education
Article 15 Higher education includes academic education and non-academic education. Higher education takes the form of full-time and part-time education. The state supports the implementation of higher education through radio, television, correspondence and other distance education methods.
Article 16 Higher education is divided into junior college education, undergraduate education and postgraduate education. Higher academic education should meet the following academic standards: (1) College education should enable students to master the basic theories and professional knowledge necessary for their major, and have the basic skills and preliminary ability to engage in practical work in their major; (2) Undergraduate education should enable students to systematically master the basic theories and knowledge necessary for this discipline and major, master the basic skills, methods and related knowledge necessary for this major, and have the initial ability to engage in practical work and research work in this major; (3) Postgraduate education should enable students to master solid basic theories and systematic professional knowledge in this discipline, master corresponding skills, methods and related knowledge, and have the ability to engage in practical work and scientific research in this major. Doctoral postgraduate education should enable students to master solid and broad basic theories, systematic and in-depth professional knowledge, corresponding skills and methods, and have the ability to independently engage in creative scientific research and practical work in this discipline.
Article 17 The basic study period of junior college education is two to three years, that of undergraduate education is four to five years, that of postgraduate education is two to three years, and that of doctoral education is three to four years. The length of study of part-time higher education should be appropriately extended. Institutions of higher learning may, according to actual needs and with the approval of the competent administrative department of education, adjust the length of schooling.
Article 18 Higher education shall be implemented by institutions of higher learning and other institutions of higher education. Universities and independent colleges mainly implement undergraduate and above education. Colleges and universities carry out specialized education. With the approval of the education administrative department of the State Council, scientific research institutions can undertake the task of postgraduate education. Other institutions of higher education implement non-academic higher education.
Article 19. Those who have graduated from senior secondary education or equivalent academic qualifications and passed the examination shall be admitted to institutions of higher learning that implement corresponding academic education and obtain the qualification of junior college students or undergraduates. Those who have graduated with a bachelor's degree or equivalent and passed the examination shall be admitted to institutions of higher learning or scientific research institutions approved to undertake the task of postgraduate education and obtain the qualification for postgraduate entrance. Postgraduates or those with equivalent academic qualifications, who pass the examination, are admitted by institutions of higher learning or scientific research institutions that have been approved to undertake the task of postgraduate education, and obtain the qualification for doctoral admission. Undergraduate graduates of specific disciplines and majors are allowed to directly obtain doctoral admission qualifications, and the specific measures shall be formulated by the education administrative department of the State Council.
Article 20 Students who receive higher education with academic qualifications shall be awarded corresponding academic certificates or other academic certificates by their institutions of higher learning or scientific research institutions approved to undertake postgraduate education according to their study years and academic achievements and in accordance with the relevant provisions of the state. Students who receive non-academic higher education shall be awarded corresponding certificates of completion by their institutions of higher learning or other institutions of higher education. The certificate of completion shall specify the length of schooling and academic content.
Article 21 The state implements the system of self-study examination for higher education, and those who pass the examination will be issued with corresponding academic certificates or other academic certificates.
Article 22 The state practices a degree system. The degree is divided into bachelor, master and doctor. Citizens who receive higher education or self-study may apply to the degree-conferring unit for conferring the corresponding degree if their academic level reaches the degree standard stipulated by the state.
Article 23 Institutions of higher learning and other institutions of higher education shall undertake continuing education according to social needs and their own conditions for running schools.
Chapter III Establishment of Institutions of Higher Learning
Article 24 The establishment of institutions of higher learning shall conform to the national higher education development plan, national interests and social public interests, and shall not be for profit.
Article 25 The establishment of institutions of higher learning shall meet the basic conditions stipulated in the Education Law. Universities or independent colleges should also have strong teaching and research strength, high teaching and research level and corresponding scale, and be able to implement undergraduate and above education. Universities must also have more than three disciplines as the main disciplines stipulated by the state. The specific criteria for the establishment of institutions of higher learning shall be formulated by the State Council. Specific criteria for establishing other institutions of higher education shall be formulated by the relevant departments authorized by the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principles stipulated by the State Council.
Twenty-sixth the establishment of institutions of higher learning, should be based on its level, type, subject category, scale, teaching and scientific research level, use the corresponding name.
Article 27 To apply for the establishment of an institution of higher learning, the following materials shall be submitted to the examination and approval authority:
(a) the tender report; (2) Feasibility demonstration materials; (3) Articles of association; (4) Other materials required by the examination and approval authorities in accordance with the provisions of this Law.
Article 28 The articles of association of an institution of higher learning shall specify the following items: (1) The name and address of the institution; (2) the purpose of running a school; (3) the scale of running a school; (4) subject setting; (5) the form of education; (6) Internal management system; (seven) the source of funds, property and financial system; (eight) the rights and obligations between the sponsor and the school; (9) Procedures for amending the Articles of Association; (ten) other matters that must be stipulated in the articles of association.
Article 29 The establishment of institutions of higher learning shall be examined and approved by the administrative department of education of the State Council, and the establishment of institutions of higher learning with special education may also be examined and approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council. The education administrative department of the State Council has the right to cancel institutions of higher learning and other institutions of higher education that do not meet the prescribed examination and approval conditions. When examining and approving the establishment of institutions of higher learning, an evaluation institution composed of experts shall be invited to make an evaluation. The division, merger and termination of institutions of higher learning and other institutions of higher education, and the change of names, categories and other major matters shall be examined and approved by the original examination and approval authority; Amendments to the Articles of Association shall be submitted to the original examination and approval authority for approval.
Chapter IV Organization and Activities of Institutions of Higher Learning
Article 30 Institutions of higher learning shall obtain legal person status as of the date of approval of their establishment. The president of an institution of higher learning is the legal representative of an institution of higher learning.
Institutions of higher learning enjoy civil rights and bear civil responsibilities in civil activities according to law.
Thirty-first institutions of higher learning should focus on cultivating talents, carry out teaching, scientific research and social services, and ensure that the quality of education and teaching reaches the standards set by the state.
Article 32 Institutions of higher learning shall, according to the needs of society, the conditions for running a school and the scale of running a school approved by the state, formulate enrollment plans and independently adjust the enrollment ratio of departments.
Article 33 Institutions of higher learning independently set up and adjust disciplines and majors according to law.
Article 34 Institutions of higher learning independently formulate teaching plans, select and compile teaching materials, and organize and implement teaching activities according to teaching needs.
Article 35 Institutions of higher learning independently carry out scientific research, technological development and social services according to their own conditions.
The state encourages institutions of higher learning to cooperate with enterprises, institutions, social organizations and other social organizations in various forms in scientific research, technology development and popularization.
The state supports qualified institutions of higher learning to become national scientific research bases.
Article 36 Institutions of higher learning independently carry out scientific, technological and cultural exchanges and cooperation with overseas institutions of higher learning in accordance with relevant state regulations.
Article 37 Institutions of higher learning independently determine the establishment and staffing of internal institutions such as teaching, scientific research and administration according to actual needs and the principles of simplification and efficiency; In accordance with the relevant provisions of the state, evaluate the positions of teachers and other professional and technical personnel, and adjust the distribution of allowances and wages.
Article 38 Institutions of higher learning independently manage and use the property provided by the sponsors, the property funded by the state and the property donated. Institutions of higher learning shall not divert property used for teaching and scientific research activities for other purposes.
Article 39 Institutions of higher learning run by the state implement the principal responsibility system under the leadership of the grass-roots committees of institutions of higher learning. The grass-roots committees of colleges and universities in China * * * shall, in accordance with the articles of association and relevant regulations of China * * *, uniformly lead the work of the school and support the principals to exercise their functions and powers independently and responsibly. Its leadership responsibilities are mainly: implementing the line, principles and policies of China, adhering to the direction of running a socialist school, leading the ideological and political work and moral education work of the school, discussing and deciding the setting of internal institutions and the person in charge of internal institutions, and discussing and deciding the reform, development and basic management of the school.
The internal management system of institutions of higher learning run by social forces shall be determined in accordance with the provisions of the state on running schools by social forces.
Article 40 The president of an institution of higher learning shall be a citizen who meets the qualifications prescribed by the Education Law.
Presidents and vice-presidents of institutions of higher learning are appointed and removed in accordance with relevant state regulations.
Article 41 The president of an institution of higher learning shall be fully responsible for the teaching, scientific research and other administrative work of the institution and exercise the following functions and powers:
(a) to formulate development plans, formulate specific rules and regulations and annual work plans and organize their implementation;
(2) Organizing teaching activities, scientific research and ideological and moral education;
(3) To draw up plans for the establishment of internal institutions, recommend candidates for vice presidents, and appoint and remove persons in charge of internal institutions;
(four) the appointment and removal of teachers and other internal staff, the management of student status and the implementation of incentives or sanctions;
(five) to formulate and implement the annual budget plan, protect and manage the school property, and safeguard the legitimate rights and interests of the school;
(6) Other functions and powers as stipulated in the articles of association.
The office meeting or school affairs meeting between the university and the president shall handle the relevant matters mentioned in the preceding paragraph.
Article 42 An academic committee shall be established in an institution of higher learning to consider the setting of disciplines and majors, the plans for teaching and scientific research, and evaluate the achievements of teaching and scientific research and other relevant academic matters.
Article 43 Institutions of higher learning shall ensure the participation of teaching staff in democratic management and supervision and safeguard the legitimate rights and interests of teaching staff through organizations such as staff congresses.
Article 44 The educational level and quality of institutions of higher learning shall be subject to the supervision of the administrative department of education and the evaluation organized by it.