|
Adopted at the Fourth Session of the Sixth National
People's Congress, and effective as of July 1,
1986.
Article 1 This
Law is formulated, in accordance with the Constitution and the actual conditions
in China, for the purpose of promoting elementary education and the building of
a socialist society that is advanced culturally and ideologically as well as
materially.
Article 2 The
State shall institute a system of nine-year compulsory education. The
authorities of provinces, autonomous regions, and municipalities directly under
the Central Government shall decide on measures to promote compulsory education,
in accordance with the degree of economic and cultural development in their own
localities.
Article
3 In compulsory
education, the State policy on education must be implemented to improve the
quality of instruction and enable children and adolescents to achieve all-round
development - morally, intellectually and physically-so as to lay the foundation
for improving the quality of the entire nation and for cultivating well-educated
and self-disciplined builders of socialism with high ideals and moral integrity.
Article 4 The
State, the community, schools and families shall, in accordance with the law,
safeguard the right to compulsory education of school-age children and
adolescents.
Article 5 All
children who have reached the age of six shall enrol in school and receive
compulsory education for the prescribed number of years, regardless of sex,
nationality or race. In areas where that is not possible, the beginning of
schooling may be postponed to the age of seven.
Article 6
Schools shall promote the use of putonghua (common speech based on Beijing pronunciation),
which is in common use throughout the nation.
Schools in which
the majority of students are of minority nationalities may use the spoken and
written languages of those nationalities in instruction.
Article 7
Compulsory education shall be divided into two stages: primary school education
and junior middle school education. Once primary education has been made
universal, junior middle school education shall follow. The department in charge
of education under the State Council shall decide on the duration of each stage.
Article 8 Under
the leadership of the State Council, local authorities shall assume
responsibility for compulsory education, and it shall be administered at
different levels.
The department
in charge of education under the State Council shall, in accordance with the
needs of the socialist modernization and with the physical and mental
development of children and adolescents, decide on the teaching methods, the
courses to be offered and their content, and the selection of textbooks for
compulsory education.
Article 9 Local
people's governments at various levels shall establish primary schools and
junior middle schools at such locations that children and adolescents can attend
schools near their homes.
Local people's
governments shall establish special schools (or classes) for children and
adolescents who are blind, deaf-mute or retarded.
The State shall
encourage enterprises, institutions and other segments of society to establish
schools of the types prescribed by this Law, under unified administration by
local people's governments and in compliance with the basic requirements of the
State.
Appropriate
facilities for compulsory education must be included in the plans for
construction and development of both urban and rural areas.
Article 10 The
State shall not charge tuition for students receiving compulsory
education.
The State shall
establish a system of grants-in-aid to support the school attendance of poor
students.
Artcle 11 When
children have reached school age, their parents or guardians shall send them to
school to receive compulsory education for the prescribed number of
years.
If, on account
of illness or other special circumstances, school-age children or adolescents
need to postpone enrollment or be exempted from schooling, their parents or
guardians shall submit an application to that effect to the local people's
government for approval.
No organization
or individual shall employ school-age children or adolescents who should receive
compulsory education.
Article 12 The
State Council and the local people's governments at various levels shall be
responsible for raising funds for the operating expenses and capital
construction investment needed for the implementation of compulsory education,
and the funds must be fully guaranteed.
State
appropriations for compulsory education shall increase at a faster rate than
regular State revenues, and the average expenditure on education per student
shall also increase steadily.
In accordance
with the provisions of the State Council, the local people's governments at
various levels shall levy a surtax for education, which shall be used mainly for
compulsory education.
The State shall
subsidize those areas that unable to introduce compulsory education because of
financial difficulties.
The State shall
encourage individuals and all segments of society to make donations to help
develop education.
The State shall
assist areas inhabited by minority nationalities to implement compulsory
education by providing them with teachers and funds.
Article 13 The
State shall take measures to strengthen and develop normal schools and colleges
in order to accelerate the training of teachers, so as to ensure, in a planned
way, that all primary school teachers have received at least secondary normal
school education and that all junior middle school teachers have received at
least higher normal school education.
The State shall
establish a system to test the qualifications of teachers and shall issue
qualification certificates to those who pass the test.
All graduates of
normal schools and colleges must engage in educational work, as required by the
relevant regulations. The State shall encourage teachers to make education their
long-term career.
Article 14
Teachers should be respected by the public. The state shall safeguard the
teachers' lawful rights and interests, and take measures to raise their social
status and improve their material benefits. It shall reward outstanding
educational workers.
Teachers should
be committed to the cause of socialist education, endeavour to raise their own
ideological and cultural levels as well as professional competence, show concern
for their students and be devoted to their duties.
Article 15 The
local people's governments at various levels must create conditions for all
school-age children and adolescents to enrol in schools and receive compulsory
education. In cases where school-age children or adolescents do not enrol in
school and receive compulsory education, with the exception of those who, on
account of illness or other special circumstances, are allowed by the local
people's governments not to go to school, the local people's governments shall
admonish and criticize the parents or guardians of those children or
adolescents, and adopt effective measures to order them to send the children or
wards to school.
In cases where
organizations or individuals employ school-age children or adolescents for work,
the local people's governments shall admonish and criticize them and shall order
them to stop such employment. In serious cases, the offenders may be fined,
ordered to suspend their business operations or have their business licences
revoked.
Article 16 No
organization or individual may appropriate, withhold or misuse funds earmarked
for compulsory education, disrupt order in education, or occupy or damage school
buildings, grounds or facilities.
It shall be
forbidden to insult or assault teachers. It shall be forbidden to inflict
physical punishment on students.
No one may make
use of religion to engage in activities which interfere with the implementation
of compulsory education.
Persons who
violate the provisions of the preceding two paragraphs shall be subject to
administrative sanctions or penalties depending on the circumstances. In case
damage is caused, the offender shall be ordered to make compensation. If the
circumstances are serious and a crime is committed, criminal responsibility
shall be investigated in accordance with the law.
Article 17 The
department in charge of education under the State Council shall, in accordance
with this Law, formulate rules for its implementation, which shall come into
force after being submitted to and approved by the State Council.
The standing
committees of the people's congresses of province, autonomous regions, and
municipalities directly under the Central Government may formulate specific
measures for implementation in accordance with this Law and their local
conditions.
Article 18 This
law shall come into force on July 1, 1986.
|