Article 1 This Law is formulated in accordance with the Constitution for the purpose of developing education, improving the quality of the whole nation and promoting the construction of socialist material civilization and spiritual civilization.

Article 2 This Law is applicable to all levels and types of education in People's Republic of China (PRC).

Article 3 The State adheres to the guidance of Marxism–Leninism, Mao Zedong Thought and Socialism with Chinese characteristics Theory and follows the basic principles set by the Constitution to develop socialist education.

Article 4 Education is the foundation of socialist modernization, and the state guarantees the priority of education.

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

The whole society should respect teachers.

Article 5 Education must serve the socialist modernization and the people, and must be combined with productive labor and social practice to cultivate socialist builders and successors with all-round development in morality, intelligence, physique and beauty.

Sixth education should adhere to moral education, strengthen the education of socialist core values of the educated, and enhance their sense of social responsibility, innovative spirit and practical ability.

The state educates the educated in patriotism, collectivism and Socialism with Chinese characteristics, as well as ideals, morality, discipline, legal system, national defense and national unity.

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

Article 8 Educational activities must conform to the public interests of the state and society.

The state separates education from religion. No organization or individual may use religion to carry out activities that hinder the national education system.

Article 9 People's Republic of China (PRC) citizens have the right and obligation to receive education.

Citizens, regardless of nationality, race, sex, occupation, property status, religious beliefs, etc. , enjoy equal opportunities for education according to law.

Article 10 The State shall, according to the characteristics and needs of ethnic minorities, help ethnic minority areas to develop education.

The state supports the development of education in remote and poor areas.

The state supports and develops education for the disabled.

Article 11 The state adapts to the needs of the development of socialist market economy and social progress, promotes educational reform, promotes the coordinated development and convergence of all kinds of education at all levels, improves the modern national education system, improves the lifelong education system and improves the level of educational modernization.

The state takes measures to promote educational equity and balanced development of education.

The state supports, encourages and organizes educational scientific research, popularizes the achievements of educational scientific research and promotes the improvement of educational quality.

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

Schools and other educational institutions in ethnic autonomous areas, which are dominated by minority students, should proceed from reality and use the spoken and written languages commonly used by the country and the spoken and written languages commonly used by their own nationalities or local nationalities for bilingual education.

The state takes measures to provide conditions and support for bilingual education in schools and other educational institutions with ethnic minority students as the mainstay.

Article 13 The State shall reward organizations and individuals that have made outstanding contributions to the development of education.

Fourteenth the State Council and local people's governments at all levels shall lead and manage the education work according to the principles of hierarchical management and division of responsibilities.

Under the leadership of the State Council, secondary education and education below secondary level are managed by local people's governments.

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

Fifteenth the State Council education administrative departments in charge of national education, overall planning, coordination and management of national education.

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

Other relevant departments of the people's governments at or above the county level shall be responsible for relevant education work within their respective functions and duties.

Article 16 the State Council and local people's governments at or above the county level shall report the budgets and final accounts of education work and education funds to the people's congresses at the corresponding levels or their standing committees, and accept supervision.

Chapter II Basic System of Education

Article 17 The state practices a school education system of preschool education, primary education, secondary education and higher education.

The state establishes a scientific education system. The establishment of schools and other educational institutions within the academic system, the form of running schools, the length of schooling, the enrollment targets and the training objectives shall be stipulated by the education administrative department authorized by the State Council or the State Council.

Article 18 The State shall set standards for preschool education, speed up the popularization of preschool education, and build a public service system for preschool education covering urban and rural areas, especially rural areas.

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

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

People's governments at all levels take various measures to ensure that school-age children and adolescents enter school.

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

Article 20 The state practices a system of vocational education and a system of continuing education.

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

The state encourages the development of various forms of continuing education, so that citizens can receive appropriate forms of education in politics, economy, culture, science, technology and business, promote mutual recognition and convergence of different types of learning achievements, and promote lifelong learning for all.

Article 21 The state practices the national education examination system.

The types of national education examinations are determined by the administrative department of education of the State Council, and undertaken by the institutions approved by the state to implement education examinations.

Article 22 The State practices the academic certificate system.

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

Article 23 The state practices a degree system.

The degree-conferring unit shall award corresponding degrees and issue degree certificates to those who have reached a certain academic level or professional and technical level according to law.

Twenty-fourth people's governments at all levels, grassroots mass autonomous organizations, enterprises and institutions should take various measures to carry out literacy education.

Citizens who have the ability to receive literacy education according to state regulations should receive literacy education.

Article 25 The State practices an educational supervision system and an educational evaluation system for schools and other educational institutions.

Chapter III Schools and other institutions of education

Article 26 The State formulates educational development plans and establishes schools and other educational institutions.

The State encourages enterprises, institutions, social organizations, other social organizations and individual citizens to establish schools and other educational institutions according to law.

Schools and other educational institutions established by the state shall adhere to the principle of thrift.

Schools and other educational institutions organized or participated in by financial funds or donated assets shall not be established as profit-making organizations.

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

(1) Having an organizational structure and articles of association;

(2) Having qualified teachers;

(3) Having teaching places, facilities and equipment that meet the prescribed standards;

(four) there are necessary funds for running schools and stable sources of funds.

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

Article 29 Schools and other educational institutions shall exercise the following rights:

(1) Autonomous management in accordance with the articles of association;

(2) Organizing the implementation of educational and teaching activities;

(3) Recruiting students or other educatees;

(four) the management of student status, the implementation of incentives or sanctions;

(five) to issue corresponding academic certificates to the educated;

(six) the appointment of teachers and other employees, the implementation of incentives or sanctions;

(seven) the management and use of the facilities and funds of this unit;

(eight) to reject any organization or individual's illegal interference in education and teaching activities;

(nine) other rights stipulated by laws and regulations.

The state protects the lawful rights and interests of schools and other educational institutions from infringement.

Thirtieth schools and other educational institutions shall perform the following obligations:

(1) Abide by laws and regulations;

(two) to implement the national education policy, implement the national education and teaching standards, and ensure the quality of education and teaching;

(three) to safeguard the legitimate rights and interests of the educated, teachers and other employees;

(four) to provide convenience for the educated and their guardians to understand the academic achievements and other relevant information of the educated in an appropriate way;

(five) in accordance with the relevant provisions of the state to collect fees and open the charging items;

(6) Accept supervision according to law.

Article 31 The sponsors of schools and other educational institutions shall, in accordance with the relevant provisions of the state, determine the management system of the schools and other educational institutions they run.

Principals or principal administrators of schools and other educational institutions must be citizens with People's Republic of China (PRC) nationality who have settled in China and have the qualifications prescribed by the state, and their appointment and removal shall be handled in accordance with the relevant provisions of the state. The headmaster is responsible for the teaching and other administrative management of the school.

Schools and other educational institutions shall, in accordance with the relevant provisions of the state, ensure that the teaching and administrative staff participate in democratic management and supervision through organizational forms such as teachers' congresses.

Thirty-second schools and other educational institutions with legal person status shall obtain legal person status from the date of approval of establishment or registration.

Schools and other educational institutions shall enjoy civil rights and bear civil liabilities in civil activities according to law.

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

School-run industries established by schools and other educational institutions shall bear civil liabilities independently.

Chapter IV Teachers and Other Educators

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

Article 34 The state protects teachers' legitimate rights and interests, improves their working and living conditions and improves their social status.

Teachers' salaries and welfare benefits shall be handled in accordance with laws and regulations.

Article 35 The state practices a system of qualification, post and appointment of teachers, and through examination, reward, training and training, the quality of teachers is improved and the construction of the teaching staff is strengthened.

Thirty-sixth schools and other educational institutions in management, the implementation of the education staff system.

Teaching assistants and other professional and technical personnel in schools and other educational institutions shall implement the appointment system for professional and technical posts.

Chapter V Educated Persons

Article 37 Educated persons shall enjoy equal rights in admission, further education and employment according to law.

Schools and relevant administrative departments shall, in accordance with the relevant provisions of the state, ensure that women enjoy equal rights with men in enrollment, further studies, employment, conferring degrees and sending them abroad.

Article 38 The state and society provide various forms of financial assistance to children, adolescents and young people who meet the requirements for admission and have financial difficulties in their families.

Article 39 The state, society, schools and other educational institutions shall carry out education according to the physical and mental characteristics and needs of disabled people and provide them with help and convenience.

Article 40 The state, society, families, schools and other educational institutions shall create conditions for minors who have committed illegal and criminal acts to receive education.

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

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

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

Article 43 Educated persons shall enjoy the following rights:

(a) to participate in various activities arranged by the education and teaching plan, and to use education and teaching facilities, equipment and books;

(two) in accordance with the relevant provisions of the state to obtain scholarships, loans and grants;

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

(four) if he refuses to accept the punishment given by the school, he shall appeal to the relevant departments, and lodge a complaint or bring a lawsuit against the school and teachers for infringing his personal rights, property rights and other legitimate rights and interests;

(5) Other rights stipulated by laws and regulations.

Article 44 Educatees shall perform the following obligations:

(1) Abide by laws and regulations;

(2) Abide by students' code of conduct, respect teachers, and develop good ideological and moral character and behavior habits;

(three) study hard and complete the prescribed learning tasks;

(4) Abide by the management system of schools or other educational institutions.

Forty-fifth education, sports, health administrative departments and schools and other educational institutions should improve sports, health care facilities to ensure the physical and mental health of students.

Chapter VI Education and Society

Article 46 State organs, armed forces, enterprises and institutions, social organizations and other social organizations and individuals shall create a good social environment for the healthy growth of children, adolescents and young students.

Article 47 The State encourages enterprises, institutions, social organizations and other social organizations to cooperate with institutions of higher learning and secondary vocational schools in various forms in teaching, scientific research, technology development and popularization.

Enterprises, institutions, social organizations and other social organizations and individuals can support school construction and participate in school management through appropriate forms.

Article 48 State organs, armed forces, enterprises, institutions and other social organizations shall provide help and convenience for students' internships and social practice activities organized by schools.

Forty-ninth schools and other educational institutions should actively participate in local social welfare activities under the premise of not affecting normal education and teaching activities.

Article 50 Parents or other guardians of minors shall provide necessary conditions for minor children or other wards to receive education.

Parents or other guardians of minors shall cooperate with schools and other educational institutions to educate their minor children or other wards.

Schools and teachers can provide family education guidance to parents of students.

Article 51 Libraries, museums, science and technology museums, cultural centers, art galleries, gymnasiums (gymnasiums) and other social public cultural and sports facilities, as well as historical and cultural sites and revolutionary memorial halls (places), should give preferential treatment to teachers and students and provide convenience for the educated to receive education.

Radio and television stations (stations) should offer educational programs to promote the improvement of the ideological, moral, cultural and scientific quality of the educated.

Article 52 The state and society shall establish and develop after-school education facilities for minors.

Schools and other educational institutions shall cooperate with grassroots mass autonomous organizations, enterprises, institutions and social organizations to strengthen off-campus education for minors.

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

Chapter VII Education Investment and Conditions Guarantee

Article 54 The state shall establish a system with financial allocation as the main part, supplemented by raising education funds through various other channels, gradually increase investment in education, and ensure that schools run by the state have a stable source of education funds.

Schools and other educational institutions established by enterprises, institutions, social organizations and other social organizations and individuals according to law shall be funded by the sponsors, and the people's governments at all levels may give appropriate support.

Article 55 With the development of national economy and the growth of fiscal revenue, the proportion of national fiscal education expenditure to gross national product should be gradually increased. The specific proportion and implementation steps shall be stipulated by the State Council.

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

Fifty-sixth people's governments at all levels of education expenditure, in accordance with the principle of unity of administrative power and financial power, in the financial budget of a separate item.

The growth of financial allocation for education by people's governments at all levels should be higher than the growth of recurrent fiscal revenue, and the average educational funds according to the number of students in school should be gradually increased to ensure the gradual increase of teachers' salaries and public funds per student.

Fifty-seventh the State Council and the local people's governments at or above the county level shall set up special funds for education, focusing on supporting the implementation of compulsory education in remote and poor areas and ethnic minority areas.

Article 58 The tax authorities shall collect the education surcharge in full according to law, which shall be managed by the education administrative department as a whole, mainly for the implementation of compulsory education.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the relevant provisions of the State Council, decide to levy local surcharges on education fees for special purposes.

Article 59 The state adopts preferential measures to encourage and support schools to carry out work-study programs and social services and set up school-run industries without affecting normal education and teaching.

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

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

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

Article 63 People's governments at all levels and their education administrative departments shall strengthen the supervision and management of education funds of schools and other educational institutions, and improve the efficiency of education investment.

Article 64 The local people's governments at all levels and their relevant administrative departments must incorporate the capital construction of schools into the urban and rural construction planning, make overall arrangements for the land and materials needed for the capital construction of schools, and implement preferential policies in accordance with the relevant provisions of the state.

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

Article 66 The state promotes the informationization of education, speeds up the construction of educational information infrastructure, promotes the popularization and sharing of high-quality educational resources by using information technology, and improves the level of education, teaching and management.

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

The state encourages schools and other educational institutions to popularize and apply modern teaching methods.

Chapter VIII Foreign Exchange and Cooperation in Education

Article 67 The state encourages educational exchanges and cooperation with foreign countries, supports schools and other educational institutions to introduce high-quality educational resources, carry out Chinese-foreign cooperation in running schools according to law, develop international educational services and cultivate international talents.

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

Sixty-eighth China citizens to study abroad, research, academic exchanges or teaching, in accordance with the relevant provisions of the state.

Article 69 After meeting the requirements stipulated by the state and going through the relevant formalities, overseas individuals may enter schools and other educational institutions in China for study, research, academic exchanges or teaching, and their legitimate rights and interests shall be protected by the state.

Article 70 Recognition of degree certificates, academic certificates and other academic certificates issued by overseas educational institutions in China shall be handled in accordance with international treaties concluded or acceded to by People's Republic of China (PRC), or in accordance with relevant state regulations.

Chapter IX Legal Liability

Seventy-first in violation of the relevant provisions of the state, the education funds are not allocated according to the budget, and the people's government at the same level shall allocate them within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Whoever misappropriates or embezzles educational funds in violation of the national financial system and financial system shall be ordered by the higher authorities to return the misappropriated and embezzled funds within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 72 Whoever gathers people to fight and stir up trouble, disturbs the education and teaching order of schools and other educational institutions, and damages school buildings, venues and other property shall be punished by the public security organs; If a crime is constituted, criminal responsibility shall be investigated according to law.

Whoever encroaches on the school buildings, venues and other property of schools and other educational institutions shall bear civil liability according to law.

Article 73 If school buildings or educational and teaching facilities are in danger and no measures are taken, resulting in casualties or heavy property losses, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.

Seventy-fourth in violation of the relevant provisions of the state, schools or other educational institutions charge fees, the government shall order the refund of the fees charged; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Seventy-fifth in violation of the relevant provisions of the state, the establishment of schools or other educational institutions shall be revoked by the administrative department of education or other relevant administrative departments; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Seventy-sixth schools and other educational institutions that recruit students in violation of the relevant provisions of the state shall be ordered by the education administrative department or other relevant administrative departments to return the enrolled students and the fees collected; Give a warning to schools and other educational institutions and impose a fine of less than five times the illegal income; If the circumstances are serious, it shall be ordered to stop the relevant enrollment qualification for more than one year and less than three years, until the enrollment qualification is revoked and the school license is revoked; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 77 Anyone who practices favoritism and malpractice in enrollment shall be ordered by the education administrative department or other relevant administrative departments to return the enrolled personnel; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Seventy-eighth schools and other educational institutions in violation of the relevant provisions of the state to collect fees from the educated, the education administrative department or other relevant administrative departments shall order the refund of the fees collected; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 79 If a candidate commits one of the following acts in the national education examination, the staff of the education examination institution that organizes the examination shall take necessary measures in the examination room to stop him from continuing to take the examination; Educational examination institutions that organize examinations may cancel their relevant examination qualifications or examination results; If the circumstances are serious, the education administrative department shall order it to stop taking the relevant national education examinations for more than one year and less than three years; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Illegally obtaining test questions or answers;

(2) Carrying or using cheating equipment and materials;

(three) copying other people's answers;

(four) let others take the exam instead of themselves;

(5) other cheating behaviors of obtaining examination results by improper means.

Article 80 If any organization or individual commits any of the following acts in the national education examination and has illegal income, the public security organ shall confiscate the illegal income and impose a fine of more than one time but less than five times the illegal income; If the circumstances are serious, they shall be detained for more than five days and less than fifteen days; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Those who belong to the staff of state organs shall also be punished according to law:

(1) Organizing cheating;

(2) Providing assistance or convenience for cheating by providing cheating equipment in exams;

(three) to take the exam instead of others;

(4) divulging or disseminating examination questions or answers before the end of the examination;

(five) other acts that disrupt the order of the examination.

Article 81 If the national education examination is held, the administrative department of education and the educational examination institution neglect management, resulting in disorder and serious cheating in the examination room, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 82 If schools and other educational institutions issue academic degree certificates, academic certificates or other academic certificates in violation of the provisions of this Law, the education administrative department or other relevant administrative departments shall declare the certificates invalid and order them to be withdrawn or confiscated; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be ordered to stop the relevant enrollment qualification for more than one year and less than three years, until the enrollment qualification is revoked and the certificate qualification is issued; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Organizations or individuals other than those specified in the preceding paragraph manufacture, sell or issue forged degree certificates, academic certificates or other academic certificates, which constitutes a violation of public security administration, and shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If a degree certificate, academic certificate or other academic certificate is obtained by cheating, plagiarism or other fraudulent acts or other improper means, the issuing institution shall revoke the relevant certificate. The purchase and use of fake degree certificates, academic certificates or other academic certificates, which constitutes a violation of public security management, shall be punished by the public security organs according to law.

Article 83 Whoever, in violation of the provisions of this Law, infringes upon the lawful rights and interests of teachers, educatees, schools or other educational institutions and causes losses or damages shall bear civil liability according to law.

Chapter X Supplementary Provisions

Article 84 Education in military schools shall be prescribed by the Central Military Commission (CMC) in accordance with the principles of this Law.

Religious school education shall be stipulated separately by the State Council.

Article 85 Measures for overseas organizations and individuals to run schools and cooperate in running schools in China shall be formulated by the State Council.

Article 86 This Law shall come into force as of 1 September 19951day.