Units issued by the standing committee of the National People's Congress
【 promulgation date 】 19931031
【 The implementation date 】 19940101
【General content classification 】
【 method On October 31, 1993, the eighth National People's Congress by the fourth session of the standing committee 】
The first chapter is always
Article 1 in order to safeguard the legitimate rights and interests of teachers, construction have good ideological and moral cultivation and professional quality of teachers, promote the development of socialist education, this law is enacted.
Article 2 this law shall be applicable to in schools and other institutions of education at various levels and specialized teachers engaged in education teaching work.
Article 3. The teacher is the professional education teaching responsibilities, to undertake teaching, training builders and successors for the socialist cause, enhancing the quality of the nation. Teachers shall devote themselves to the education of the people business.
Article 4 the people's governments at various levels shall take measures to strengthen the teachers' ideological and political education and business training, improve teachers' working conditions and living conditions, protect the legitimate rights and interests of teachers, improve teachers' social status. The whole society shall respect teachers.
Article 5 the administrative department of education under the state council shall be responsible for the national teachers' work. The relevant departments of the state council within their respective functions and powers shall be responsible for the related teachers. Schools and other institutions of education, according to the provisions of the state administration of teachers on their own.
Article 6 for teachers' day on September 10th every year.
The second chapter, rights and obligations
Article 7 the teachers shall enjoy the following rights:
(a) to carry on the education teaching activities, carry out education and teaching reform experiment;
(2) engaged in scientific research and academic exchanges, to participate in professional academic groups, full opinions in the academic activities;
(3) to guide the students' learning and development, the evaluation of student conduct and academic performance;
(4) get pay pay on time, to enjoy the welfare treatment stipulated by the state as well as the year holiday paid vacation;
(5) of the school education teaching, management and education administrative department of work put forward opinions and Suggestions, through the staff congress or other forms, participate in the democratic management of the school.
(6) to participate in further education or other forms of training.
Article 8 the teacher shall perform the following obligations:
(a) abide by the constitution, law and professional ethics, and a teacher by worthy example.
(2) to implement the national education policy, abide by the rules and regulations, enforce the teaching plan of the school, the performance of the teacher employment contract, complete the education the teaching tasks;
(3) undertake to the student by the constitution to determine the basic principles of education and education of patriotism, national unity, the rule of law education and ideological and moral education, culture, science and technology, organization, lead the students to develop beneficial social activities;
(4) concern, take good care of all students, respect students' personality, promote students all-round development in morality, intelligence, physique, etc;
(5) to prevent harmful to the students who ACTS, or other ACTS of infringing on lawful rights and interests of students, criticism and boycott the phenomenon of harmful student healthy growth;
(6) to improve ideological and political consciousness and education teaching level of business.
Article 9 for teacher education teaching task, the people's governments at various levels, education administrative departments, the relevant departments, schools and other institutions of education shall perform the following duties:
(a) provide education teaching facilities and equipment to the national safety standards;
(2) to provide the necessary books, information and other education teaching supplies;
(3) to the teacher in the education teaching, scientific research in creative work to encourage and help;
(4) to support teachers to prevent harmful to the students who ACTS, or other ACTS of infringing on lawful rights and interests of students.
The third chapter qualification and appointment
Article 10 the state shall practise a system of qualifications for teachers. Chinese citizens who abide by the constitution and laws, deeply loves the education career, have good thought moral character, have the qualifications prescribed in this law or by the national teachers' qualification examinations, have education teaching ability, identified as qualified, obtain qualifications for teachers.
Article 11 obtain qualifications for teachers shall have corresponding qualifications:
(a) qualified kindergarten teachers must possess infant normal school or upwards;
(2) the elementary school teachers' qualifications, it shall be equipped with the secondary normal school or upwards;
(3) in junior high school teachers, primary vocational school culture, professional class teachers' qualification, should have higher normal college or other university college degree and above;
(4) in senior middle school teachers' qualification and secondary specialized schools, technical schools, vocational high school math teaching, professional class teachers' qualification, normal colleges should have bachelor degree or other university graduate and above; In secondary vocational schools, vocational school and vocational high school students practice guidance teachers' qualification shall meet the qualifications, shall be formulated by the administrative department of education under the state council;
(5) to obtain qualifications for teachers of colleges and universities, and should have a graduate student or university graduate degree;
(6) of adult education teachers' qualification, shall, in accordance with the level of adult education, categories, respectively, have higher, secondary school and above.
Don't have the provisions of this law citizens of the teachers' qualification, apply for teachers' qualification, must through the national teachers' qualification examinations. The national teachers' qualification examination system shall be prescribed by the state council.
Before the implementation of article 12 of this law has been teachers in the schools or other institutions of education, not the record of formal schooling as stipulated in this law, shall be formulated by the administrative department of education under the state council transition way of qualifications for teachers.
Article 13 primary and middle school teachers' qualification by the education administrative department of the local people's government at or above the county level. Secondary vocational schools, vocational school teachers' qualification by the education administrative department of the local people's government at or above the county level shall organize relevant departments. Ordinary institutions of higher learning of teachers' qualification by the state council or of the provinces, autonomous regions, and municipalities directly under the central government or by their entrusted by the administrative department of education of school. Degree as stipulated in this law or by the national teachers' qualification examination qualified citizens, demanding authorities decided that the teachers' qualification, the relevant departments shall, in accordance with the provisions of this condition shall be determined. Obtain qualifications for teachers who are teaching for the first time, it shall have a probation period.
Article 14 by deprivation of political rights or intentional crime by fixed-term imprisonment or more criminal punishment, shall not be allowed to obtain qualifications for teachers; Already obtained qualifications for teachers, the loss of teachers' qualification.
Article 15 graduates of normal schools at various levels shall, in accordance with the relevant state provisions in the education teaching work. The state shall encourage graduates of non-normal schools of higher learning to teach at primary and secondary schools or vocational schools.
Article 16 the state shall practise a system of teachers' position, the specific measures shall be formulated by the state council.
Article 17 schools and other institutions of education shall gradually practice the teachers' employment system. Teacher's employment shall follow the principle of equal status between the two sides, by the school and teachers' appointment contract, both sides of the rights, obligations and responsibilities are clearly defined. Teacher appointment system, the steps and measures shall be formulated by the administrative department of education under the state council.
The fourth chapter cultivating and training
Article 18 the people's governments at all levels and relevant departments shall do a good job in normal education, and take measures to encourage outstanding youth to study at normal schools at various levels. The teacher training schools at all levels, undertake the task of training primary and secondary school teachers, non-normal schools shall undertake the task of cultivating and training primary and secondary school teachers. Students of normal schools at various levels shall enjoy professional scholarships.
Article 19 the education administrative department of the people's governments at all levels, schools and schools shall be formulated by the competent department of teachers' training program, to various forms of ideological and political teachers and professional training.
Article 20 state organs, enterprises, institutions and other social organizations shall provide teachers' social survey and social practice provide a convenient, give assistance.
Article 21 people's governments at various levels shall take measures for the ethnic minority areas and outlying and poverty-stricken areas to cultivate and train teachers.
The fifth chapter nuclear test
Article 22 schools or other institutions of education shall on teacher's political thought, the business level, work attitude and work performance evaluation. Education administrative department of the appraisal of teachers' work guidance and supervision.
Article 23 assessment should be objective, fair and accurate, fully listen to the views of teachers and other teachers and students.
Article 24 the teacher assessment results is appointment and pay rise, the implementation of the basis of rewards and punishments.
Chapter 6 to meet
Article 25 teachers' average salary level shall not be less than or higher than the national average wage standard of the civil service, and gradually increase. To establish a system for regular promotion a raise, the specific measures shall be prescribed by the state council.
Article 26 teachers of primary and secondary schools and vocational school teachers enjoy teaching experience allowances and other allowances, the specific measures shall be formulated by the administrative department of education under the state council in conjunction with relevant departments.
Article 27 the local people's governments at various levels has technical secondary school degree or above on teachers and graduates to the areas inhabited by minority nationalities and outlying and poverty-stricken areas, engaged in education teaching work shall be subsidized.
Article 28 the local people's governments at various levels and the relevant departments of the state council, the construction of the teachers of city housing, rent, sell a priority, preferential. County and township level people's government shall provide convenience for the rural primary and secondary school teachers to solve the housing.
Article 29 of the teacher's health with local civil servants enjoy equal treatment; Regular health checks for teachers, and adjust measures to local conditions to arrange the teacher to recuperate. Medical institutions shall provide convenience to local teachers' health.
Article 30 after retirement or quitting work, teachers shall enjoy the material benefits as prescribed by the state. The local people's governments at or above the county level may appropriately raise long-term engaged in education teaching work the ratio of pensions for the retired primary and secondary school teachers.
Article 31 people's governments at various levels shall take measures to improve state aid, the collective pay salary treatment of the primary and secondary school teachers, do it step by step on the salary income and national pay salary of teachers' equal pay for equal work, specific measures by the local people's governments at various levels according to the actual situation of the region.
Article 32 the material benefits of teachers at schools run by social forces shall be determined and guaranteed by the sponsors themselves.
Chapter 7 award excitation
Article 33 of the teachers in the education teaching, training talents, scientific research, teaching reform, school construction, social services and work-study good grades, honors and awards by the school. The state council and local people's governments at all levels and relevant departments of teachers with outstanding contribution, shall commend and reward. To have a significant contribution to the teacher, in accordance with relevant state regulations, awarded the title of honor.
Article 34 the state shall encourage and support social organizations or individuals to lawfully established reward fund donations of the teacher, the teacher.
Chapter 8 of the legal responsibility
Article 35 the insult, beating of teachers, according to the different situation, administrative penalties shall be given administrative sanctions or respectively; Damage, shall be ordered to pay damages; If the circumstances are serious, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 36 to lodge a complaint in accordance with the law, complaints and accusations retaliate against teachers, by its place unit or the superior organ shall be ordered to correct; If the circumstances are serious, can be given administrative sanctions according to particular case. State functionary who retaliate against teachers, if the cases constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of article one hundred and forty-six of the criminal law.
Article 37 in the teachers' any of the following circumstances, the school or other institutions of education or the education administrative departments shall be given administrative sanctions or dismissal:
(a) deliberately not education teaching task, thereby causing loss to the education teaching work;
(2) the corporal punishment student, the education do not change;
(3) a dysfunctional, insult students, bad effect.
Teachers have the first (2) of the preceding paragraph, the circumstances listed in item (3), if the circumstances are serious, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 38 the local people's government in violation of the provisions of this law, defaults on teachers' salaries or infringes upon other legitimate rights and interests of teachers, shall instruct its deadline to correct. Violation of the state financial system, financial system, appropriation of state financial funds for education, seriously hinder the education teaching work, teachers' salaries in arrears, damage the lawful rights and interests of teachers, the organs at higher levels shall order deadline to return the misappropriation of funds, and the persons directly responsible shall be given administrative sanctions; If the circumstances are serious, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 39 teachers for schools or other institutions of education infringe upon their legitimate rights and interests, or the handling of schools or other institutions of education make a disaffected, can appeal to the administrative department for education, the education administrative department shall, within 30 days after receiving a complaint, to deal with. Teachers think the local people's government of relevant administrative departments according to the provisions of this law rights infringement, to the people's government at the same level or the people's government at the next higher level for the relevant departments to lodge a complaint, the people's government at the same level or the people's government at the next higher level for the relevant departments shall make a processing.
Chapter 9 is attached
Article 40 of this law, the definitions of the following terms are:
(a) schools of various levels, is refers to the implementation of pre-school education, regular primary education, general secondary education, vocational education and ordinary higher education and special education, adult education schools.
(2) the other institutions of education, is refers to the children's palace and local teaching and research section, audio-visual education institutions, etc.
(3) the primary and secondary school teachers, it is to point to kindergarten, special education institutions, ordinary primary and secondary schools, adult primary secondary education institutions, vocational secondary schools and other institutions of education teachers.
Article 41 education in schools and other institutions of education, auxiliary teaching staff and other types of teachers and education of the school teaching auxiliary staff, can according to the actual situation with reference to the relevant provisions of this law. Subordinate to the military academies and schools of teachers and education teaching auxiliary staff, formulated by the central military commission in accordance with relevant regulations.
Article 42 of the foreign teacher's employment measures shall be formulated by the administrative department of education under the state council.
Article 43 this law shall come into force as of January 1, 1994.