(The Third Meeting of the Eighth National People’s Congress on March 18, 1995 passed the first meeting of the 10th meeting of the Standing Committee of the 11th National People’s Congress on August 27, 2009, “Decision on Modification of some Laws”This amendment is based on the second revision of the eighteenth meeting of the Standing Committee of the Twelfth National People’s Congress on December 27, 2015, the Eighteenth Meeting of the Standing Committee of the People’s Republic of China on April 29, 2021, 1021The third amendment to the 28th meeting of the Standing Committee of the Third National People’s Congress “The Decision on Amending the” Education Law of the People’s Republic of China “was revised)
Table of contents
Chapter 1 General Principles
Chapter 2 Basic Education System
Chapter III Schools and Other Education Institutions
Chapter 4 Teachers and other educators
Chapter 5 Educator
Chapter 6 Education and Society
Chapter 7 Education Input and Condition Guarantee
Chapter 8 Education External Exchange and Cooperation
Chapter 9 Legal Responsibility
Chapter 10 Attachment
Chapter 1 General Principles
Article 1 In order to develop education, improve the quality of the whole people, promote the construction of socialist material civilization and spiritual civilization, and formulate this law according to the Constitution.
Article 2 Education at all levels in the People’s Republic of China applies this law.
Article 3 The state adheres to the leadership of the Communist Party of China, and adheres to the guidance of Marxist Leninism, Mao Zedong Thought, Deng Xiaoping theory, and the “three representatives”, scientific development concept, and the new era of socialism with the highest leaders of the new era.Basic principles, develop socialist education.
Article 4 Education is the foundation of socialist modernization. It is of decisive significance for improving the comprehensive quality of the people, promoting the comprehensive development of the people, promoting the comprehensive development of people, enhancing the innovation and creativity of the Chinese nation, and realizing the great rejuvenation of the Chinese nation.
The whole society should care about and support the development of education.
The whole society should respect teachers.
Article 5 Education must serve the modernization of socialist modernization and serve the people. It must be combined with production labor and social practice to cultivate socialist builders and successors who have developed the comprehensive development of morality, intellectual, physical and labor.
Article 6 Education shall adhere to the people of the Ethics and strengthen the education of the core values of socialism and enhance the social responsibility, innovative spirit and practical ability of the educated people.
Among the educated people, the country conducts education of patriotism, collectivism, and socialism with Chinese characteristics, and conduct education of ideals, morality, discipline, rule of law, national defense, and national unity.
Article 7 Education shall inherit and promote all excellent achievements of Chinese excellent traditional culture, revolutionary culture, and socialist culture, and absorb human civilization development.
Article 8 Educational activities must meet the public interests of the country and society.
The state is separated from education from religion.No organization or individual may use religion to hinder the national education system.
Article 9 Citizens of the People’s Republic of China have the right to educate the right to educate.
Citizens are not distinguished from ethnic, race, gender, occupation, property status, religious beliefs, etc., and enjoy equal education opportunities in accordance with the law.
Article 10 The state helps to develop education in various ethnic minorities according to the characteristics and needs of ethnic minorities.
The state supports remote and poor areas to develop education.
National support and development of the education of disabled people.
Article 11 The country adapts to the needs of the development of socialist market economy and social progress, promote the reform of education, promote the coordinated development of education at all levels, integrate integration, improve the modern national education system, improve the lifelong education system, and improve the level of education modernization.
The state takes measures to promote fair education and promote the balanced development of education.
State support, encourage and organize educational scientific research, promote the results of scientific research on education, and promote the improvement of the quality of education.
Article 12 The national language language is the basic education and teaching language of the school and other educational institutions. The school and other educational institutions shall use the national general language for education and teaching.
Schools and other educational institutions mainly based on ethnic minorities and other educational institutions, starting from the actual situation, use the national general language and the language of the nation or the local nation to implement bilingual education.
The state takes measures to provide conditions and support for bilingual education for schools and other educational institutions that mainly ethnic minorities and other educational institutions.
Article 13 Organization and individuals that have made outstanding contributions to the development of education in the development of education shall be rewarded.
Article 14 The State Council and local people’s governments at all levels are leading and managing education in accordance with the principles of hierarchical management and division of labor.
Under the leadership of the State Council and under the leadership of the State Council, the local people’s government is managed by the State Council.
Higher education is managed by the State Council, provinces, autonomous regions, and municipalities.
Article 15 The education administrative department of the State Council is in charge of national education work, coordinating and coordinating the management of educational undertakings across the country.
The education administrative department of the people’s governments at or above the county level is in charge of education in the administrative area.
Other relevant departments at all levels at or above the county level are responsible for the relevant education work within their respective responsibilities.
Article 16 The people’s governments of the State Council and local levels at or above the county level shall report the education work and education fund budget and final accounts to the people’s congresses of the people at the same level or its standing committee, and accept supervision.
Chapter 2 Basic Education System
Article 17 The country’s school education system for preschool education, primary education, secondary education, and higher education.
State establish a scientific academic system.The setting of schools and other education institutions in the academic system, educational forms, practitioners, enrollment targets, training goals, etc. shall be under the regulations of the State Council or authorized by the State Council authorized by the State Council.
Article 18 The state formulates preschool education standards, accelerates popularization of preschool education, and builds a public service system covering urban and rural areas, especially rural preschool education.
People’s governments at all levels should take measures to provide conditions and support for preschool education for children with age.
Article 19 The state implements a nine -year compulsory education system.
People’s governments at all levels take various measures to ensure that children and teenagers of appropriate age and teenagers are taken.
The parents of children, adolescents, or other guardians, as well as relevant social organizations and individuals have obligations to accept compulsory education for children and adolescents of appropriate age and adolescents.
Article 20 The state implements a vocational education system and continuing education system.
People’s governments at all levels, relevant administrative departments and industry organizations, and enterprise business organizations 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, enabling citizens to receive education in proper forms of politics, economy, culture, science, technology, and business, promote the mutual recognition and connection of different types of learning results, and promote lifelong learning of the whole people.
Article 21 The state implements a national education examination system.
The national education examination is identified by the Education Administration Department of the State Council and hosted by the institutional institution approved by the state.
Article 22 The state implements a academic certificate system.
Schools and other educational institutions that have been approved by the state and approved to issue academic certificates or other academic certificates shall be issued in accordance with relevant national regulations.
Article 23 The state implements a degree system.
The degree awarding unit awarded the corresponding degree to personnel who reached a certain academic level or professional and technical level in accordance with the law, and issued a degree certificate.
Article 24 The people’s governments at all levels, grassroots mass autonomy organizations and corporate business organization shall take various measures to carry out education to eliminate illiterate.
Citizens who have the ability to eliminate illiterate education in accordance with national regulations shall receive education that eliminates illiteracy.
Article 25 The state’s education supervision system and the education evaluation system of schools and other educational institutions.
Chapter III Schools and Other Education Institutions
Article 26 The state formulates education development plans and organizes schools and other educational institutions.
The state encourages enterprise business organizations, social organizations, other social organizations and individuals to organize schools and other educational institutions in accordance with the law.
State -owned schools and other educational institutions should adhere to the principles of diligence and thrift.
Schools and other educational institutions that are based on financial funds, donation assets or participating in the organizational shall be set up as profit -making organizations.
Article 27 The establishment of a school and other educational institutions must have the following basic conditions:
(1) Some organizations and regulations;
(2) A qualified teacher;
(3) There are teaching places, facilities, equipment, and equipment that meets the prescribed standards;
(4) There are necessary sources of funds for running schools and stable funds.
Article 28 The establishment, change and termination of schools and other educational institutions shall go through the review, approval, registration or filing procedures in accordance with relevant national regulations.
Article 29 The school and other educational institutions exercise the following rights:
(1) Management according to the articles of association;
(2) Organize and implement education and teaching activities;
(3) Recruit students or other educated people;
(4) Study management of the educated people, implement rewards or punishments;
(5) I will issue a corresponding academic certificate to the educated people;
(6) Appoint teachers and other employees to implement rewards or punishments;
(7) Management and use of the facilities and funds of the unit;
(8) Reject illegal interference in educational and teaching activities for any organization or individual;
(9) Other rights stipulated in laws and regulations.
The legitimate rights and interests of national protection schools and other educational institutions are not violated.
Article 30 Schools and other educational institutions shall fulfill the following obligations:
(1) Comply with laws and regulations;
(2) Implement the country’s education policy, implement national education and teaching standards, and ensure the quality of education and teaching;
(3) Maintain the legitimate rights and interests of the educated, teachers and other employees;
(4) Provide convenience for the educated academic achievements and other related conditions for the educated people and the guardian;
(5) Keeping fees and public charges in accordance with relevant national regulations;
(6) Accept supervision according to law.
Article 31 The organizers of the school and other educational institutions determine the management system of the schools or other educational institutions held in accordance with relevant state regulations.
The principal or main administrative leader of the school and other educational institutions must be citizens with nationality with the nationality of the People’s Republic of China, settling in China, and possessing the requirements of national regulations.The school’s teaching and other administrative management shall be responsible for the principal.
Schools and other educational institutions shall ensure that faculty members participate in democratic management and supervision through organizational forms such as faculty and staff congresses such as teachers as the mainstay.
Article 32 If a school and other educational institutions have legal person conditions, the legal person qualification will be obtained from the date of approval or registration.
Schools and other educational institutions enjoy civil rights in accordance with the law and bear civil liability in accordance with the law.
State -owned assets in schools and other educational institutions are owned by the state.
The school -run industries established by the school and other educational institutions are independent of civil liability.
Chapter 4 Teachers and other educators
Article 33 Teachers have the right to enable legal regulations, fulfill their obligations stipulated in the law, and loyal to the people’s education.
Article 34 The legitimate rights and interests of teachers to protect teachers, improve the working conditions and living conditions of teachers, and improve the social status of teachers.
Teachers’ wages and benefits are handled in accordance with the provisions of laws and regulations.
Article 35 The state implements a teacher qualification, position, and appointment system, and improves the quality of teachers through assessment, rewards, training and training, and strengthen the construction of teachers.
Article 36 The management personnel of the school and other education institutions shall implement the education staff system.
Teaching assistants and other professional and technical personnel in schools and other educational institutions implement a professional and technical employment system.
Chapter 5 Educator
Article 37 Educators enjoy equal rights in accordance with the law in terms of enrollment, further education, and employment.
Schools and relevant administrative departments shall ensure that women have the right to equal equality with men in accordance with relevant national regulations in accordance with relevant national regulations in accordance with relevant national regulations.
Article 38 The state and society provide various forms of funding for children, teenagers, and young people who meet the conditions of enrollment and family economic difficulties.
Article 39 The state, society, schools, and other educational institutions shall help and facilitate it according to the physical and mental characteristics and needs of the disabled.
Article 40: State, society, family, schools, and other educational institutions shall receive education and creation for minors who have illegal crimes.
Article 41 The rights and obligations of employees have the right to receive vocational training and continuing education in accordance with the law.
State organs, enterprise business organizations and other social organizations shall provide conditions and convenience for the study and training of employees in the unit.
Article 42 The state encourages schools and other educational institutions and social organizations to take measures to create conditions for citizens to accept lifelong education.
Article 43 Educators enjoy the following rights:
(1) Participate in various activities arranged by the Education and Teaching Plan, use education and teaching facilities, equipment, books and materials;
(2) Obtain scholarships, loans, and scholarships in accordance with relevant national regulations;
(3) Get a fair evaluation in academic achievements and products, and obtain corresponding academic certificates and degree certificates after completing the prescribed academic studies;
(4) The disobedience given to the school to appeal to the relevant departments, and to violate the legal rights and interests of the school and teachers to violate their personal rights, property rights, etc., and file a lawsuit in accordance with the law;
(5) Other rights stipulated in laws and regulations.
Article 44 The educated person shall fulfill the following obligations:
(1) Comply with laws and regulations;
(2) Observe the standard of student behavior, respect the teacher, develop good ideological morality and behavior habits;
(3) Study hard and complete the prescribed learning tasks;
(4) Comply with the management system of the school or other education institutions.
Article 45 Education, sports, health administrative departments and schools and other educational institutions shall improve sports and health facilities to protect students’ physical and mental health.
Chapter 6 Education and Society
Article 46 State organs, military, corporate business organizations, social organizations, and other social organizations and individuals shall create a good social environment for the physical and mental health of children, juveniles, and young students in accordance with the law.
Article 47 The state encourages corporate business organizations, social organizations and other social organizations with higher education universities and secondary vocational schools in teaching, scientific research, technology development and promotion.
Enterprise business organizations, social groups and other social organizations and individuals can support school management through appropriate forms and participate in school management.
Article 48 State organs, military, corporate business organizations, and other social organizations shall provide help and convenience for students’ internships and social practice activities.
Article 49 Under the premise of not affecting normal education and teaching activities, schools and other educational institutions shall actively participate in local social public welfare activities.
Article 50 Parents or other guardians of minors shall provide necessary conditions for their minor children or other guardians.
Parents or other guardians of minors should cooperate with the school and other educational institutions to educate their minor children or other guardians.
Schools and teachers can provide family education guidance to parents of students.
Article 51 Social public cultural and sports facilities such as libraries, museums, science and technology museums, cultural museums, art museums, gymnasiums (fields), as well as historical and cultural monuments and revolutionary memorial museums (places) shall be given preferential treatment for teachers and students to receiveEducators are facilitated by education.
Broadcasting and television stations (stations) shall open educational programs to promote the improvement of the quality of ideas, culture, and science and technology of educators.
Article 52 The facilities of the establishment and development of the country and the development of the country and the development of minors.
Schools and other educational institutions shall cooperate with the grass -roots mass autonomous organizations, corporate business organizations, and social organizations to strengthen off -campus education work for minors.
Article 53 The state encourages social groups, 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 people.
Chapter 7 Education Input and Condition Guarantee
Article 54 The state establishes a system that is based on financial allocation and other channels to raise education funds, and gradually increase investment in education to ensure the stable sources of school education funds organized by the state.
Schools and other education institutions organized by enterprise, social organizations, and other social organizations and individuals are responsible for the organizer’s funds organized by the school and other educational institutions in accordance with the law, and the people’s governments at all levels can give appropriate support.
Article 55 The proportion of national fiscal education expenditures in accordance with the total value of national production should gradually increase with the development of the national economy and the growth of fiscal revenue.The specific proportion and implementation steps shall be stipulated by the State Council.
The proportion of education funds in the total fiscal expenditure at all levels across the country should gradually increase with the development of the national economy.
Article 56 The educational expenditure of the people’s governments at all levels shall be listed separately in the fiscal budget in accordance with the principles of unified power and financial power.
The growth of education and financial funding at people at all levels should be higher than the growth of fiscal recurring income, and gradually increased the average educational expenses according to the average number of students in the school to ensure that the wages and students per capita of teachers have gradually increased.
Article 57 The people’s governments at all levels at the State Council and the county level shall set up special education funds, focusing on supporting compulsory education in remote and poor areas and ethnic minority areas.
Article 58 The tax authorities are requisitioned in accordance with the law and collecting education in accordance with the law, and the education administrative department is managed by the education administrative department. It is mainly used to implement compulsory education.
The people’s governments of the provincial, autonomous regions, and municipalities directly under the Central Government can decide on the relevant provisions of the State Council, which can determine the local surcharge for education and special funds.
Article 59 The state adopts preferential measures to encourage and support schools to carry out diligent work and social services without affecting normal education and teaching, and to establish school -run industries.
Article 60 The state encourages domestic, overseas social organizations and individuals to donate funds.
Article 61 The donations of national fiscal education funds, social organizations and individuals must be used for education and must not be misappropriated or deducted.
Article 62 The state encourages the use of finance and credit to support the development of education.
Article 63 The people’s governments at all levels and their education administrative departments shall strengthen the supervision and management of education funds for 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 basic construction of the school into urban and rural construction planning, coordinate and arrange the school’s basic construction land and materials required, and implement preferential policies in accordance with relevant national regulations.
Article 65 The people’s governments at all levels are published and issued by textbooks and teaching books and materials, and the production and supply of teaching instruments and equipment, and the import of books, teaching instruments, and equipment for school education and teaching and scientific research.Implement priority and preferential policies in accordance with relevant national regulations.
Article 66 The state promotes the informationization of education, accelerate the construction of education information infrastructure, uses information technology to promote the popularization and sharing of high -quality educational resources, and improve the level of education and teaching and education management.
The people’s governments at or above the county level and their relevant departments should develop education information technology and other modern teaching methods. The relevant administrative departments should give priority to support and support.
The state encourages schools and other educational institutions to promote the use of modern teaching methods.
Chapter 8 Education External Exchange and Cooperation
Article 67 The state encourages education and cooperation of education, supports schools and other educational institutions to introduce high -quality educational resources, conducts Chinese and foreign cooperative schools in accordance with the law, develops international education services, and cultivate international talents.
Education and foreign exchanges and cooperation adhere to the principles of independence, equality, mutual benefit, and mutual respect. They must not violate Chinese law, and must not harm national sovereignty, security and public interests.
Article 68 Citizens in China study abroad, study, conduct academic exchanges or teach, and handle them in accordance with relevant national regulations.
Article 69 After the individuals abroad meet the conditions stipulated by the state and go through the relevant procedures, they can enter the study, study, academic exchanges or teaching of schools and other educational institutions in China and other educational institutions in China, and their legitimate rights and interests are protected by the state.
Article 70 The recognition of the degree certificate, academic certificate, and other academic certificates issued by overseas education institutions shall be handled in accordance with the international treaties concluded or joined by the People’s Republic of China, or shall be handled in accordance with relevant national regulations.
Chapter 9 Legal Responsibility
Article 71 In violation of the relevant state regulations, those who do not pay educational funds in accordance with the budget will be approved by the people’s governments at the same time; if the circumstances are serious, the person in charge and other direct responsible persons shall be punished according to law.
In violation of the national fiscal system and financial system, the funds for embezzlement and deduction of education shall be ordered by the higher authorities to return the misappropriation and deduction of funds for the time limit, and shall be punished by the person in charge and other direct responsible persons in accordance with the law;Be held criminally responsible.
Article 72 If a fighting and provocative trouble, disrupting the education and teaching order of the school and other educational institutions, or destroying school buildings, venues and other property, the public security organs shall be punished by public security management; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
If the school building, venue and other property of the school and other educational institutions shall bear civil liability according to law.
Article 73 Knowing that the school building or educational and teaching facilities are dangerous and do not take measures, causing casualties or loss of major property, the person in charge and other direct responsible persons shall be investigated for criminal responsibility in accordance with the law.
Article 74 If a fee is charged to schools or other educational institutions in violation of national regulations, the government shall order the fees to refund the fees; and shall be punished for direct responsible persons and other direct responsible personnel.
Article 75 If a school or other educational institutions are held in violation of the relevant state regulations, the education administrative department or other relevant administrative departments shall be revoked; if there is an illegal income, the illegal income is confiscated;Give a punishment according to law.
Article 76 If a school or other educational institutions violate relevant state regulations, the students shall be ordered by the education administrative department or other relevant administrative departments to return the recruitment of the fees; they will be given a warning to the school and other educational institutions.If the income is below five times the fine; if the circumstances are serious, it shall be ordered to stop the relevant enrollment qualifications for more than one year and less than three years until the recruitment qualification and revocation of the school permit;For criminal responsibility in accordance with the law.
Article 77 Anyone who abuses their powers in the work of recruiting students, neglects their duties, and abuses the fraud, shall be ordered by the education administrative department or other relevant administrative departments.Personalized, shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
If the status of theft and use of others, the enrollment qualifications obtained by others shall be ordered by the education administrative department or other relevant administrative departments to revoke the enrollment qualifications and order to stop participating in the relevant national education examinations for two or less.If the certificate or other academic certificates shall be revoked by the issuing institution; if it has become a public official, it shall be fired in accordance with the law; if it constitutes a violation of public security management, the public security organs shall be punished by public security management according to law; if a crime constitutes a crime, criminal responsibility shall be investigated in accordance with the law.
Calked with others and allow others to use their identity to replace the enrollment qualifications I have obtained, and the education administrative department or other relevant administrative departments order to stop participating in the relevant national education examinations for less than one year or three years;; If it has become a public office, it is given a punishment in accordance with the law; if it constitutes a violation of public security management, the public security organs shall be punished by public security management according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Organizing, instructing to stolen or take the status of others, and the qualifications obtained by others who have obtained from others are illegal income, confiscated illegal income; if they are public officials, they shall be punished according to law;Punishment; criminal responsibility shall be investigated in accordance with the law.
If the enrollment qualifications are infringed by the rights, they can request restoration of their enrollment qualifications.
Article 78 If a school and other educational institutions shall be charged with the relevant national regulations, the education administrative department or other relevant administrative departments shall be ordered to refund the fees;Give punishment.
Article 79 If candidates have one of the following behaviors in the national education examination, the staff of the educational examination institutions of the organization examination will take necessary measures at the examination site to stop and terminate their continued examinations; the education examination institutions that organize examinations may cancel the cancellation of the examination institutionsIts relevant examination qualifications or test results; if the circumstances are serious, the education administrative department shall order the administrative department to stop participating in the relevant national education examinations for more than one year or less; if it constitutes a violation of public security management, the public security organs shall be punished by the public security organs in accordance with the law;Criminal responsibility in accordance with the law:
(1) illegal obtaining test questions or answers;
(2) Practice or use cheating equipment and materials;
(3) Plagiarism of the answer of others;
(4) Let others take the exam for themselves;
(5) Other cheating behaviors to obtain test results with improper means.
Article 80 Any organization or individual has one of the following behaviors in the national education examination. If there is an illegal income, the public security organs will confiscate illegal income and shall be fined more than five times more than five times in violation of the law.The detention of the above fifteen days; if a crime is constituted, the criminal responsibility shall be investigated in accordance with the law; if it belongs to the staff of the state organs, it shall also give a punishment according to law:
(1) Organize cheating;
(2) Provide help or convenience for cheating by providing test cheating equipment and other methods;
(3) Accept the exam replaced by others;
(4) Disclosure, disseminate test questions or answers before the end of the exam;
(5) Other behaviors that disturb the examination order.
Article 81 The national education examination is held, and the education administrative department and the education examination institutions are negligible to manage, causing the order of the examination room to be chaotic and the cheating seriously, and shall be punished for direct responsibility and other direct responsible personnel;Criminal responsibility in accordance with the law.
Article 82 If a school or other educational institutions violate the provisions of this Law and issue a degree certificate, academic certificate, or other academic certificates, the education administrative department or other relevant administrative departments will announce that the certificate is invalid and shall be ordered to be recovered or confiscated;, Confiscated illegal income; if the circumstances are serious, they are ordered to stop the qualifications for enrollment for less than three years, until the qualifications for enrollment and issuing certificates are revoked; the direct responsible persons and other direct responsible persons shall be punished according to law.
Any organization or individual outside of the preceding paragraphs or individuals manufacture, sells, sends out counterfeit degree certificates, academic certificates or other academic certificates, which constitute a violation of public security management, shall be punished by public security organs in accordance with the law.
If cheating, plagiarism, plagiarism, etc., or other improper means obtaining a degree certificate, an academic certificate or other academic certificate, the issuing institution will revoke the relevant certificates.To purchase and use counterfeit degree certificates, academic certificates or other academic certificates to constitute a violation of public security management, the public security organs shall be punished by public security management according to law.
Article 83 In violation of the provisions of this Law, infringe on the legitimate rights and interests of teachers, educated people, schools or other educational institutions and cause losses and damage, they shall bear civil liability according to law.
Chapter 10 Attachment
Article 84 Military school education shall be stipulated by the Central Military Commission in accordance with the principles of this law.
Religious school education is separately stipulated by the State Council.
Article 85 Overseas organizations and individuals to run and cooperate in China are stipulated by the State Council.
