Contents Chapter I General Provisions
Article 1 In order to protect the legitimate rights and interests of teachers, build a contingent of teachers with good ideological and moral cultivation and professional quality, and promote the development of socialist education, this Law is formulated in accordance with the Constitution.
Article 2 This Law is applicable to teachers engaged in education and teaching in schools and other educational institutions at all levels.
Article 3 Teachers are professionals who perform their educational and teaching duties, and undertake the mission of teaching and educating people, cultivating builders and successors of the socialist cause and improving the quality of the nation. Teachers should be loyal to the people's education.
Article 4 People's governments at all levels shall take measures to strengthen teachers' ideological and political education and professional training, improve their working and living conditions, safeguard their legitimate rights and interests and improve their social status. The whole society should respect teachers.
Article 5 The administrative department of education in the State Council shall be in charge of the work of teachers throughout the country. The relevant departments in the State Council are responsible for the work of teachers within their respective functions and powers. Schools and other educational institutions independently manage teachers according to state regulations.
Article 6 September 10th is Teachers' Day every year.
Chapter II Rights and Obligations Article 7 Teachers shall enjoy the following rights: (1) To carry out educational and teaching activities and carry out educational and teaching reforms and experiments; (two) engaged in scientific research and academic exchanges, to participate in professional academic groups, to fully express their opinions in academic activities; (three) to guide students' learning and development, and to evaluate students' conduct and academic performance; (four) receive wages on time, enjoy the welfare benefits stipulated by the state, and take paid vacations in winter and summer vacations; (five) to put forward opinions and suggestions on the work of the education, teaching, management and education administrative departments of the school, and to participate in the democratic management of the school through the staff congress or other forms; (six) to participate in advanced studies or other forms of training.
Article 8 Teachers shall perform the following obligations: (1) Abide by the Constitution, laws and professional ethics, and be a teacher by example; (two) to implement the national education policy, abide by the rules and regulations, implement the school's teaching plan, fulfill the teacher employment contract, and complete the education and teaching tasks; (3) To educate students on the basic principles determined by the Constitution, patriotism and national unity, legal education, ideological and moral education, culture, science and technology education, and organize and lead students to carry out beneficial social activities; (4) Caring for and caring for all students, respecting their personality and promoting their all-round development in morality, intelligence and physique; (five) to stop acts harmful to students or other acts that infringe on the legitimate rights and interests of students, and to criticize and resist phenomena harmful to the healthy growth of students; (6) Constantly improve ideological and political awareness and the level of education and teaching.
Article 9 In order to ensure that teachers complete their education and teaching tasks, people's governments at all levels, education administrative departments, relevant departments, schools and other educational institutions shall perform the following duties: (1) Providing educational and teaching facilities and equipment that meet national safety standards; (two) to provide necessary books and other educational and teaching supplies; (3) Encouraging and helping teachers to carry out creative work in education, teaching and scientific research; (four) to support teachers to stop acts harmful to students or other violations of the legitimate rights and interests of students.
Chapter III Qualification and Appointment Article 10 The State practices a teacher qualification system. China citizens who abide by the Constitution and laws, love the cause of education, have good ideological and moral character, have the academic qualifications stipulated in this Law or have passed the national teacher qualification examination, have teaching ability, and can obtain teacher qualification after being recognized as qualified.
Article 11 The corresponding requirements for obtaining the qualification of a teacher are as follows: (1) To obtain the qualification of a kindergarten teacher, one should have graduated from a kindergarten normal school or above; (two) to obtain the qualification of primary school teachers, they should have graduated from secondary normal schools or above; (three) to obtain the qualification of a junior high school teacher, a primary vocational school culture and professional course teacher, you should have a bachelor's degree or above from a normal university or other university; (four) to obtain the qualifications of teachers in senior middle schools and teachers in secondary specialized schools, technical schools and vocational high schools, you should have a bachelor's degree or above in normal universities or other universities; The qualifications required to obtain the qualifications of students' internship instructors in secondary specialized schools, technical schools and vocational high schools shall be stipulated by the administrative department of education of the State Council; (five) to obtain the qualification of a teacher in an institution of higher learning, one should have a postgraduate or undergraduate degree; (six) to obtain the qualification of adult education teachers, they should have graduated from higher and secondary specialized schools and above that are suitable for the level and category of adult education. Citizens who do not have the teacher qualifications stipulated in this law must pass the national teacher qualification examination when applying for teacher qualifications. The national teacher qualification examination system is formulated by the State Council.
Article 12 Teachers who have been teaching in schools or other educational institutions before the implementation of this Law do not have the teacher qualifications stipulated in this Law, and the education administrative department of the State Council shall formulate measures for the transition of teacher qualifications.
Thirteenth primary and secondary school teachers' qualifications shall be recognized by the education administrative department of the local people's government at or above the county level. The qualifications of teachers in secondary specialized schools and technical schools shall be recognized by the education administrative departments of local people's governments at or above the county level. The qualifications of teachers in ordinary institutions of higher learning are recognized by the education administrative departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government or the schools entrusted by them. If a citizen who has the academic qualifications specified in this Law or passed the national teacher qualification examination requests the relevant department to recognize his teacher qualification, the relevant department shall recognize him in accordance with the conditions specified in this Law. Qualified teachers should have a probation period for the first time.
Article 14 A person who has been deprived of political rights or has received criminal punishment of fixed-term imprisonment or above for intentional crimes cannot obtain the qualification of a teacher; Those who have obtained teacher qualifications shall lose their teacher qualifications.
Fifteenth normal school graduates at all levels should be engaged in education and teaching in accordance with the relevant provisions of the state. The state encourages graduates from non-normal colleges to teach in primary and secondary schools or vocational schools.
Article 16 The state practices the system of teachers' posts, and the specific measures shall be formulated by the State Council.
Seventeenth schools and other educational institutions should gradually implement the appointment system for teachers. The appointment of teachers should follow the principle of equality between the two parties, and the school and the teacher sign an employment contract, which clearly stipulates the rights, obligations and responsibilities of both parties. Steps and measures for the implementation of the teacher appointment system shall be formulated by the administrative department of education of the State Council. Chapter IV People's Republic of China (PRC) Teacher Training Law
Eighteenth people's governments at all levels and relevant departments should do a good job in normal education and take measures to encourage outstanding young people to enter normal schools at all levels. Teachers' training schools at all levels undertake the task of training primary and secondary school teachers. Non-normal schools should undertake the task of cultivating and training primary and secondary school teachers. Students in normal schools at all levels enjoy professional scholarships.
Nineteenth people's governments at all levels of education administrative departments, school departments and schools should formulate teacher training plans to carry out various forms of ideological, political and professional training for teachers.
Twentieth state organs, enterprises and institutions and other social organizations shall provide convenience and help for teachers' social investigation and social practice.
Twenty-first people's governments at all levels should take measures to cultivate and train teachers in minority areas and remote and poor areas.
Chapter V Assessment Article 22 Schools or other educational institutions shall assess teachers' political ideology, professional level, work attitude and performance. The administrative department of education shall guide and supervise the assessment of teachers.
Twenty-third assessment should be objective, fair and accurate, and fully listen to the opinions of teachers themselves, other teachers and students.
Twenty-fourth teachers' assessment results are the basis for being hired to teach, promoting wages and implementing rewards and punishments.
Chapter VI Waiting for Encounters Article 25 The average salary level of teachers shall not be lower than or higher than that of national civil servants, and shall be gradually increased. Establish a normal promotion and salary increase system, and the specific measures shall be formulated by the State Council.
Twenty-sixth primary and secondary school teachers and vocational school teachers enjoy seniority allowance and other allowances, the specific measures shall be formulated by the administrative department of education of the State Council in conjunction with the relevant departments.
Twenty-seventh local people's governments at all levels shall give subsidies to teachers who engage in education and teaching in ethnic minority areas and remote and poor areas and graduates with technical secondary school education or above.
Twenty-eighth local people's governments at all levels and relevant departments of the State Council should give priority and preferential treatment to the construction, lease and sale of urban teachers' housing. The people's governments at the county and township levels shall provide convenience for rural primary and secondary school teachers to solve the housing problem.
Twenty-ninth teachers enjoy the same medical treatment as local civil servants; Regular physical examination of teachers, arrange teachers to rest according to local conditions. Medical institutions should provide convenience for local teachers to seek medical treatment.
Thirtieth teachers shall enjoy the retirement and resignation treatment stipulated by the state after retirement. Local people's governments at or above the county level may appropriately increase the pension ratio of retired primary and secondary school teachers who have been engaged in education and teaching for a long time.
Article 31 People's governments at all levels shall take measures to improve the treatment of primary and secondary school teachers who are subsidized by the state and collectively paid wages, and gradually realize equal pay for equal work with teachers who are paid by the state. Specific measures shall be formulated by the local people's governments at all levels according to the actual situation in the region.
Article 32 The treatment of teachers running schools by social forces shall be determined and guaranteed by the organizers themselves. Chapter VII Awards and Incentives
Thirty-third teachers who have made outstanding achievements in education and teaching, personnel training, scientific research, teaching reform, school construction, social services, work-study programs, etc. Commend and reward by the school. The State Council and local people's governments at all levels and their relevant departments shall commend and reward teachers who have made outstanding contributions. Teachers who have made great contributions shall be awarded honorary titles in accordance with relevant state regulations.
Article 34 The State supports and encourages social organizations or individuals to donate funds to legally established fund organizations for rewarding teachers. Chapter VIII Legal Liability
Thirty-fifth insult, assault teachers, according to different circumstances, were given administrative sanctions or administrative penalties; Causing damage, shall be ordered to compensate for the losses; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 36 Whoever retaliates against a teacher who files a complaint, accusation or report according to law shall be ordered to make corrections by his unit or higher authorities; If the circumstances are serious, administrative sanctions may be given according to the specific circumstances. State functionaries who retaliate against teachers, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Thirty-seventh teachers in any of the following circumstances shall be given administrative sanctions or dismissed by their schools, other educational institutions or educational administrative departments. (a) deliberately not to complete the task of education and teaching, resulting in losses to education and teaching; (two) corporal punishment of students, the education is invalid; (three) bad conduct, insulting students, bad influence. If a teacher falls under any of the circumstances listed in Items (2) and (3) of the preceding paragraph and the circumstances are serious enough to constitute a crime, he shall be investigated for criminal responsibility according to law.
Thirty-eighth local people's governments in violation of the provisions of this law, arrears of teachers' wages or infringement of other legitimate rights and interests of teachers, shall be ordered to make corrections within a time limit. Violation of the state financial system and financial system, misappropriation of state financial education funds, seriously hindering education and teaching work, arrears of teachers' wages, and damage to teachers' legitimate rights and interests, shall be ordered by the higher authorities to return the misappropriated funds within a time limit, and administrative sanctions shall be imposed on the persons who are directly responsible; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 39 Teachers who are dissatisfied with the actions of schools or other educational institutions that infringe upon their legitimate rights and interests, or with the handling by schools or other educational institutions, may lodge a complaint with the administrative department of education, which shall handle it within 30 days from the date of receiving the complaint. Teachers who believe that the relevant administrative departments of the local people's government have infringed upon their rights under this law may lodge a complaint with the relevant departments of the people's government at the same level or the people's government at the next higher level, and the relevant departments of the people's government at the same level or the people's government at the next higher level will handle it.
Chapter IX Supplementary Provisions Article 40 The meanings of the following terms in this Law: (1) Schools of all levels and types refer to schools that implement preschool education, general primary education, general secondary education, vocational education, general higher education, special education and adult education. (2) Other educational institutions refer to children's palaces, local teaching and research offices and audio-visual educational institutions. (3) Teachers in primary and secondary schools refer to teachers in kindergartens, special education institutions, ordinary primary and secondary schools, adult primary and secondary education institutions, vocational secondary schools and other educational institutions.
Article 41 Educational and teaching assistants in schools and other educational institutions, and teachers and teaching assistants in other types of schools may refer to the relevant provisions of this Law according to actual conditions. Teachers and teaching assistants in military academies shall be formulated by the Central Military Commission (CMC) in accordance with this Law.
Article 42 Measures for employing foreign teachers shall be formulated by the administrative department of education of the State Council.
Article 43 This Law shall come into force as of 1994 1 month 1 day.
First, the basic principles of employee training
The so-called personnel and education arrangements for new employees are to arrange training for new