General Provisions
Article 1 In order to protect the legitimate rights and interests of teachers, construction has a good idea of moral character and professional quality of teachers, promote the development of socialist education, according to law.
Law shall apply to teachers in various schools and other educational institutions specializing in education and teaching.
Article Teachers are professionals who perform teaching duties of education, undertake teaching, training builders and successors of the socialist cause, improve the quality of the nation. Teachers should be loyal to the cause of education of the people.
Article governments at all levels should take measures to strengthen teachers 'ideological and political education and professional training, improving teachers' working and living conditions, protect the legitimate rights and interests of teachers, improve the social status of teachers. The whole society should respect teachers.
Article educational administrative departments of the State Council in charge of the country's teachers.
State Council departments in charge of teachers' work-related within their respective mandates.
Schools and other educational institutions in accordance with national regulations, teachers on their own management.
Article VI of the annual September 10 as Teachers' Day.
Chapter II Rights and Obligations
Article VII teachers enjoy the following rights:
(A) carry out educational activities, teaching reform experiment and education;
(B) engage in scientific research, academic exchange, participate in professional academic community to fully express their views in academic activities;
(3) to direct student learning and development, evaluation of student conduct and academic performance;
(Iv) timely obtaining wages, paid vacation benefits prescribed by the State and summer and winter holidays;
(V) make comments and suggestions on the work of school education, education management and administration, through the staff congress or other forms of democratic participation in school management;
(F) refresher training or otherwise.
Article VIII teacher shall perform the following duties:
(A) comply with the Constitution, laws and ethics, serve as role models;
(2) to implement the national education policy, abide by rules and regulations, carry out schools' teaching plans, fulfill teaching contracts and accomplish educational and teaching tasks;
(Iii) the students the basic principles defined in the Constitution of education and patriotism, national unity, education, legal education and ethics, culture, science and technology education, organize and lead students to engage in beneficial social activities;
(D) care, care for all students, respect their dignity, promote overall development of students morally, intellectually and physically;
(E) to stop harmful to students and other acts that infringe upon students' legitimate rights and interests, criticize and combat harmful to the healthy growth of the phenomenon;
(Vi) continuously improve the ideological and political consciousness and professional level education.
Article IX complete educational and teaching tasks for the protection of teachers, governments at all levels, administrative departments of education departments, schools and other educational institutions shall perform the following duties:
(A) provide education and teaching facilities and equipment in line with national safety standards;
(B) provide the necessary books, teaching materials and other supplies;
(C) to encourage and help teachers creative work in teaching and scientific research in;
(Iv) support to stop harmful to students and teachers and other acts that infringe upon students' legitimate rights and interests.
Chapter III qualifications and appointment
Article 10 The State to implement teacher qualification system.
Chinese citizens who abide by the Constitution and the law, love education, have good moral character, have the qualifications prescribed in this Law or qualified by the national teachers' qualification examinations, have teaching ability, were identified as qualified, obtain qualifications for teachers.
Article XI obtain the appropriate academic qualifications of teachers should have are:
(A) obtain the kindergarten teacher qualifications, should an infant normal graduate degree or above;
(B) primary school teachers to obtain qualifications, should have moderate normal school education or above;
(C) obtain junior high school teachers, primary vocational school, specialized teachers qualifications, should have the normal college or university and other college graduates or above;
(Iv) to obtain high school teacher qualifications and specialized secondary schools, technical schools, vocational high school classes, specialized teachers qualifications, should have a normal college or university graduate and other higher education; access to secondary schools, technical schools and vocational training instructors for high school students should have the qualifications stipulated by the administrative department of education under the State Council;
(E) qualified teachers colleges and universities, it should be a postgraduate or university graduate;
(6) to obtain qualified adult education teachers, should be in accordance with the level of adult education classes, respectively with higher and secondary school graduates and above. Civic education teachers do not have the qualifications prescribed in this Law, apply for teachers 'qualifications, must pass the national teachers' qualification examinations. National teachers' qualification examination system by the State Council.
Prior to the implementation of Article 12 of this Law has been taught in schools or other educational institutions teachers are not stipulated in this Law degree, teacher qualifications by the education administrative department of the State Council transitional measures.
Article XIII primary and secondary school teachers' qualifications recognized by the local people's governments above the county level administrative departments of education. Secondary schools, technical schools, teacher qualifications by the local people's governments above the county level administrative departments of education organizations competent authorities identified. Teacher qualifications colleges and universities or commissioned by the school recognized by the State Council or provincial, autonomous regions and municipalities educational administrative departments. Qualifications stipulated in this Law or by citizens of countries qualified teacher qualification examination, asked relevant departments to identify their teacher qualifications, relevant departments shall be determined in accordance with the requirements of this Law. When staff qualifications for teachers who teach for the first time, there should be a trial period.
Article XIV have been deprived of political rights or intentional crime subject to criminal penalties of imprisonment or more, can not obtain qualifications for teachers; teacher qualifications has been achieved, the loss of teachers' qualifications.
Article XV normal school graduates at all levels, should be engaged in education and teaching in accordance with relevant state regulations. The state encourages non-normal college graduates to teach in primary and secondary schools or vocational schools.
Article 16 The State system of teachers' position to implement specific measures by the State Council.
Article XVII schools and other educational institutions should gradually implement teacher appointment. Appointment of teachers should follow the principle of equality between both parties sign an appointment contract by the school and teachers, clearly defined the rights, obligations and responsibilities. Step Teachers' Appointment System, shall be formulated by the State Council administrative department of education.
Chapter development and training
Teachers Law of the People's Republic of China
Article XIX people's government administrative departments of education, school authorities and school teachers should develop training programs for teachers in various forms of ideological, political and professional training.
Article 20 The state organs, enterprises, institutions and other social organizations should be teachers of social investigation and social practice to provide convenience and assistance.
Article XXI governments at all levels should take measures to train for the ethnic minority areas and remote and poor areas, training of teachers.
The fifth chapter assessment
Article 22 school or other educational institution shall conduct assessment of the political and ideological level, professional work attitude and work performance of teachers. Education administrative departments of the assessment work of teachers guidance and supervision.
Article 23 The assessment should be objective, fair, accurate, fully listen to the teachers themselves, other teachers and student opinion.
Article 24 examination results for teachers' appointment, promotion, pay, rewards and punishments basis.
Chapter VI treatment
Article 25 The average wage level of teachers should not be lower or higher than the national average wage of civil servants, and gradually improve. The establishment of normal promotion and pay system, specific measures by the State Council.
Article 26 Teachers and vocational schools shall enjoy seniority allowances and other allowances, specific measures by the administrative department of education under the State Council jointly with relevant departments.
Article 27
Local people's governments at all levels to teachers and graduates from secondary education to ethnic minority areas and remote and poor areas in education and teaching, should be subsidized.
Article 28 The local people's governments at all levels and relevant departments of the State Council on the construction of houses for teachers in the city, renting and sale of priority and preferential. County and township governments should solve the housing for the primary and secondary school teachers in rural convenience.
Article 29 of the medical teachers shall enjoy equal treatment with local civil servants; periodic physical examination for teachers, local conditions and arrangements for rest and recuperation holidays. Medical institutions shall provide convenience for local teachers of medical care.
Article 30 Teachers' Retirement or resignation, retirement or resignation enjoy the benefits prescribed by the state. Local people's governments above the county level can be an appropriate increase in the proportion of pensions has long been engaged in education and teaching in primary and secondary school teachers' retirement.
Article 31 The people's governments at all levels should take measures to improve state aid, treatment of primary and secondary school teachers 'collective payment of wages, and gradually achieve equal pay teachers' salaries are paid in wages to national income, specific measures by the local people's governments at all levels according to the provisions of the actual situation in the region.
Teachers of the school's treatment of Article 32 run by social forces, self-determined and guaranteed by the organizers.
Chapter VII Rewards
Article 33 of the teachers in the education, training of personnel, excellent scientific research, education reform, school construction, social services, work-study and other achievements shall be commended and rewarded by the host school. The State Council and local governments at all levels and relevant departments of the teachers made outstanding contributions shall be commended and awarded. Teachers who have made significant contributions shall be conferred honorary titles in accordance with relevant state regulations.
Article 34 The state supports and encourages social organizations and individuals to donate funds to the legally established reward teachers IMF, incentives for teachers.
Chapter VIII Legal Liability
Article 35 insults or assaults a teacher, depending on the circumstances, were given an administrative sanction or punishment; damage shall be ordered to pay damages; the circumstances are serious enough to constitute a crime, be held criminally responsible.
Article 36 proposed law appeal, complaint and accusation of teachers retaliation by their work units or higher authority shall order rectification; the circumstances are serious, be given administrative sanctions according to the specific circumstances. National staff retaliate against teachers constitutes a crime, be investigated for criminal liability in accordance with the relevant provisions of the criminal law.
Article 37 of the following circumstances of teachers from their schools, other educational institutions or education administrative departments shall be given administrative punishment or dismissal.
(A) deliberately not complete the educational and teaching tasks causing losses to the education and teaching;
(B) corporal punishment on students after education reform;
(C) adverse conduct, insulting students, bad influence.
Teachers who are involved in the preceding paragraph (ii) above, one of the circumstances listed in Item (3), the circumstances are serious enough to constitute a crime, be held criminally responsible.
Article 38 The local people's government in violation of this law, violations of wage arrears for teachers or other legitimate rights and interests of teachers, should be ordered to make corrections. In violation of the state's financial system, financial system, state financial misappropriation of funds for education, teaching seriously hamper the work of education, teachers' salaries in arrears, damage to legitimate rights and interests of teachers, the deadline ordered by the higher authorities to return the misappropriated funds, and give the person directly responsible administrative sanctions; the circumstances are serious enough to constitute a crime, be held criminally responsible.
Article 39 teachers of the school or other educational institutions in violation of their legitimate rights and interests, or the settlement made by schools or other educational institutions is dissatisfied, he may appeal to the administrative departments of education, educational administrative departments shall, within 30 after receiving complaints days, make a deal. Teachers believe that local people's government administrative departments concerned infringement of its rights under this Act may appeal to the relevant departments of the people's government at the same level or higher level people's government, the people's government at the same level or higher level people's governments shall make deal with.
Chapter IX Supplementary Provisions
Article 40 of the Law, the following terms are:
(A) All schools, means school preschool, general primary education, general secondary education, vocational education, general education and special education, adult education.
(Ii) other educational institutions, refers to the Children's Palace and local staff room, audio-visual education institutions.
(C) teachers, is a teacher in kindergarten, special education institutions, primary and middle schools, elementary adult secondary education institutions, vocational schools and other educational institutions.
Auxiliary teaching staff Education Article 41 schools and other educational institutions, schools and other types of teachers and teaching assistants, may be performed in accordance with the relevant provisions of this Act with reference to the actual situation. Teachers and teaching assistants Military respective institutions, to develop the relevant provisions of this Law by the Central Military Commission.
Article 42 The employment of foreign teachers shall be formulated by the State Council administrative department of education.
Article 43 of this Law since January 1, 1994.