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Seventy-five popularization column

Teacher Law of the People's Republic of China

Time: 2018-07-27 Release: Teacher He

1993 10 31 日第八届全国人民代表大会常务委员会第四次会议通过 ( Adopted at the fourth meeting of the Standing Committee of the Eighth National People's Congress on October 31 , 1993

10 31 日中华人民共和国主席令第 15 号公布) (Promulgated by Order No. 15 of the President of the People's Republic of China on October 31 , 1993 )

Chapter One total then

First In order to protect the lawful rights and interests of teachers, to build a contingent of teachers with good ideological and moral qualities and professional qualities, and to ensure the development of socialist education, this law was formulated.

Article 2 This law applies to teachers who specialize in education and teaching in schools and other educational institutions at all levels.

Article 3 Teachers are professionals who perform their duties of education and teaching, and undertake the mission of teaching and educating people, cultivating socialist cause and successors, and improving national quality. Teachers should be loyal to the education of the people.

Article 4 People's governments at all levels should take measures to strengthen teachers' ideological and political education and professional training, improve their working and living conditions, protect their legitimate rights and interests, and improve their social status. The whole society should respect teachers.

The fifth The education administration department of the State Council is in charge of the work of teachers across the country. Relevant departments of the State Council are responsible for related teachers' work within their respective areas of competence. Schools and other educational institutions independently conduct education management work in accordance with state regulations.

Article 6 Teacher's Day is September 10th each year.

Chapter two Rights and obligations

Article 7 Teachers have the following rights:

(One) Carry out education and teaching activities, carry out education and teaching reforms and experiments;

(two) Engage in scientific research and academic exchanges, participate in professional academic groups, and express opinions fully in academic activities;

(three) Guiding students' learning and development, assessing their conduct and academic performance;

(four) Get paid on time, enjoy the benefits provided by the state, and paid physical leave for summer and winter vacations;

(Fives) Provide opinions and suggestions on school education and teaching, management work, and the work of the education administrative department, and participate in the school's democracy and rationality through the faculty representative conference or other forms;

(six) Attend advanced or other training.

eighth Teachers should fulfill the following obligations:

(One) Abide by the Constitution, laws and professional ethics, and be a model for others;

(two) Implement the national education policy, abide by the rules and regulations, implement the school's teaching plan, fulfill the teacher appointment, and complete the task of education and teaching;

(three) Educate students on the basic principles established by the Constitution and patriotism, national unity education, legal education, and moral, cultural, scientific, and technical education, and organize and lead students to carry out useful social activities;

(four) Caring and loving all students, respecting their personality, and promoting their all-round development in character, intelligence, and physical fitness;

(Fives) Stop behaviors that are harmful to students or other violations of their legitimate rights and interests, criticize and resist phenomena that are harmful to students' healthy growth;

(six) Constantly improve the level of ideological and political awareness and education and teaching.

Article 9 In order to ensure that teachers complete education and teaching tasks, people's governments at all levels, education administrative departments, relevant departments, schools and other educational institutions should perform the following duties;

(One) Provide education and teaching facilities and equipment that meet national security standards;

(two) Provide necessary books, materials and other educational and teaching supplies;

(three) Encourage and help teachers' creative work in education, teaching and scientific research;

(four) Support teachers to stop behaviors that are harmful to students or other activities that infringe on students' legal rights.

third chapter Qualifications and appointments

Article 10 The state implements a teacher qualification system.

Chinese citizens who abide by the Constitution and laws, love education, have good ideology and morals, possess the academic qualifications required by this law or pass the national teacher qualification examination, have the ability to teach and teach, and are qualified to obtain teacher qualification.

Article 11 The corresponding academic qualifications that should be obtained to obtain a teacher qualification are:

(One) To obtain the qualification of a kindergarten teacher, they should have graduated from a preschool education school or above;

(two) To obtain qualifications for primary school teachers, they should have graduated from a secondary normal school or above;

(three) To obtain the qualifications of junior high school teachers, junior vocational school culture, and professional course teachers, they should have graduated from a higher normal college or another college or higher;

(four) To obtain the qualifications of teachers in senior high schools and the qualifications of teachers in secondary professional schools, technical schools, vocational high schools, cultural courses, and professional courses, they should have a bachelor's degree from a normal college or other university or higher; obtain students from secondary professional schools, technical schools, and vocational high schools The qualifications required for the qualification of internship instructor shall be prescribed by the education administration department of the State Council;

(Fives) To obtain the qualifications of teachers in colleges and universities, they must possess postgraduate or university degree;

(six) To obtain the qualifications for adult education teachers, they should have graduated from higher and secondary schools and above in accordance with the level and category of adult education.

Citizens who do not have the qualifications for teachers required by this law must apply to pass the National Teacher Qualification Examination to apply for teacher qualifications. The national teacher qualification examination system is prescribed by the State Council.

Article 12 Teachers who have been teaching in schools or other educational institutions before the implementation of this law and do not possess the academic qualifications provided for in this law, the administrative department of education under the State Council shall stipulate measures for the transition of teacher qualifications.

Article 13 The qualifications of primary and secondary school teachers are determined 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 are recognized by the competent authorities organized by the education administrative department of the local people's government at or above the county level. The qualifications of teachers in ordinary institutions of higher learning shall be determined by the State Council or the administrative department of education of a province, autonomous region, or municipality directly under the Central Government or a school entrusted by them.

Citizens who have the qualifications required by this Law or have passed the National Teacher Qualification Examination and require relevant authorities to determine their teacher qualifications shall be identified by the relevant authorities in accordance with the conditions specified in this Law. Those who have obtained teacher qualifications should have a probation period when they teach for the first time.

Article 14 Those who have been deprived of their political rights or have intentionally committed a criminal punishment of a term of imprisonment or more cannot be qualified as teachers; those who have already obtained the qualifications of teachers shall be disqualified.

Article 15 Graduates of normal schools at all levels shall engage in education and teaching in accordance with relevant state regulations.

The state encourages graduates of non-teaching institutions of higher learning to teach in primary and secondary schools or vocational schools.

Article 16 The state implements a system of teacher positions, and specific measures are prescribed by the State Council.

Article 17 Schools and other educational institutions should gradually implement a teacher appointment system.

Teachers shall be appointed in accordance with the principle of equality between the two parties. Schools and teachers shall sign employment contracts that clearly define the rights, obligations and responsibilities of both parties. The steps and measures for implementing the teacher appointment system shall be prescribed by the education administration department of the State Council.

Chapter Four Training and training

Article 18 People's governments at all levels and relevant departments should conduct normal education and take measures to encourage outstanding young people to study in normal schools at all levels. Teacher training schools at all levels undertake the task of training primary and secondary school teachers. Non-normal schools should undertake the task of training and training teachers in primary and secondary schools. Students of normal schools at all levels enjoy professional scholarships.

Article 19 The education administrative departments, school authorities and schools of people's governments at all levels shall formulate teacher training plans and provide teachers with various forms of ideological, political, and professional training.

Article 20 State organs, enterprises and institutions and other social organizations shall provide convenience and assistance for teachers' social investigations and practical meetings.

Article 21 People's governments at all levels should take measures to train and train teachers for ethnic minority areas and remote and poor places.

chapter Five test nuclear

Article 22 Schools or other educational institutions shall evaluate teachers' political ideology, professional level, work attitude and work performance.

The administrative department of education guides and supervises the assessment of teachers.

Article 23 The assessment shall be objective, fair and accurate, and the opinions of the teacher, other teachers and students shall be fully listened to.

Article 24 The result of the teacher's assessment is the basis for being hired to teach, to be promoted for salary, and to be rewarded and punished.

Chapter Six Wait Meet

Article 25 The average level of teachers should not be lower than or higher than the average salary level of state civil servants, and gradually increase. Establish a normal promotion salary increase system, and specific measures shall be formulated by the State Council.

Article 26 Primary and secondary school teachers and vocational school teachers enjoy teaching age allowances and other allowances. The specific measures shall be formulated by the State Education Administrative Department in conjunction with relevant departments.

Article 27 Local people's governments at various levels shall subsidize teachers and graduates with technical secondary school education or higher who are engaged in education and teaching in ethnic minority areas and remote poverty-stricken areas. Article 28 Local people's governments at various levels and relevant departments of the State Council shall give priority and preferential treatment to the construction, lease, and sale of urban teacher housing. The people's governments at the county and township levels should provide facilities for rural primary and secondary school teachers to solve their housing problems.

Article 29 Teachers' medical treatment enjoys the same treatment as local national civil servants; regular physical examinations of teachers are conducted, and teachers should be recuperated according to local conditions. Medical institutions shall facilitate the medical treatment of local teachers.

Article 30 After a teacher retires or resigns, he enjoys the retirement or resignation benefits prescribed by the state.

Local people's governments at or above the county level may appropriately increase the retirement pension ratio for retired teachers in primary and secondary schools who have long been engaged in education and teaching.

The local people's governments at or above the county level can appropriately increase the retirement pension ratio for retired teachers in elementary and middle schools who have long been engaged in education and teaching.

Article 31 People's governments at all levels should take measures to improve state subsidies and collective pay for teachers for equal pay for equal work. Specific measures should be formulated by local people's governments at all levels in accordance with the actual conditions of the region.

Article 32 The treatment of teachers in schools run by social forces shall be determined and guaranteed by the organizers themselves.

Chapter VII prize Encourage

Article 33 Teachers who have made outstanding achievements in education and teaching, training of talents, scientific research, teaching reform, school construction, social services, work-study, etc. shall be commended and rewarded by the school where they work. The State Council, local people's governments at all levels, and relevant departments shall commend and reward teachers who have made outstanding contributions. Honorary titles shall be granted to teachers who have made significant contributions in accordance with relevant state regulations. Article 34 The State supports and encourages social organizations or individuals to donate funds to teachers' fund organizations established in accordance with the law to reward teachers.

chapter eight legal liability

Article 35 If the teacher is insulted or beaten, he shall be given administrative sanctions or administrative penalties according to different circumstances; cause damages and be ordered to compensate for losses; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 36 In the case of retaliation against teachers who have filed complaints, accusations, or reports in accordance with the law, their units or higher authorities shall order corrections; if the circumstances are serious, administrative sanctions may be given according to specific circumstances.

If a state official commits a crime of retaliation against a teacher, he shall be subject to criminal responsibility in accordance with Article 146 of the Criminal Law.

Article 37 Teachers who are under any of the following circumstances shall be given administrative sanctions or may be dismissed from their school, other educational institutions or the administrative department of education:

(One) Intentionally failing to complete education and teaching tasks causes losses to education and teaching work;

(two) Corporal punishment of a student who does not change after education;

(three) Bad conduct, insults students, and bad ones.

If the teacher has one of the situations 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.

Article 38 The local people's government shall, in violation of the provisions of this law, default on teachers 'wages or infringe on other teachers' legal rights and interests, shall order them to make corrections within a time limit.

In violation of the state's financial system and financial system, misappropriating state fiscal funds for education, seriously hampering education and teaching, arrears teachers 'salaries, and damaging teachers' legitimate rights and interests, the higher authorities shall order them to return the misappropriated funds within a time limit and grant them to those who are directly responsible. Administrative sanctions; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be pursued according to law.

Article 39 A teacher who appeals to a school or other educational institution against his or her lawful rights or interests, or who disagrees with the handling made by the school or other educational institution, may file a complaint with the education administrative department. The education administrative department shall make a settlement within 30 days of receiving the appeal.

If the teacher believes that the relevant administrative department of the local people's government violates its rights under this law, he may lodge a complaint with the people's government at the same level or the relevant department of the people's government at the next higher level. deal with. Chapter nine Attach then

Article 40 The meaning of the following terms in this law is:

(One) Schools at all levels refer to schools that implement pre-school education, general primary education, general secondary education, vocational education, general higher education, special education, and adult education.

(two) Other educational powers refer to the Children's Palace, local teaching and research offices, and educational institutions.

(three) Primary and secondary school teachers 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 Education and teaching assistants in schools and other educational institutions, teachers of other types of schools, and teaching and teaching assistants may be implemented with reference to the relevant provisions of this law according to actual conditions.

The relevant provisions of the Central Military Commission shall be formulated by the Central Military Commission in accordance with this Law for teachers and educational and teaching assistants of military-owned colleges and universities.

Article 42 The appointment of foreign teachers shall be prescribed by the education administration department of the State Council.

Article 43 1994 1 1 日起施行。 This law will come into effect on January 1 , 1994 .

"Www.61k.com )

: 中华人民共和国教师法心得体会范文 Second : The teacher's experience of the People's Republic of China

In order to improve one's understanding of the Teachers Law, establish the concept of legislation, truly learn, know, understand, and abide by the law, know their obligations, and reasonably safeguard their legitimate rights and interests. I studied the Teacher Law carefully. Through studying, I feel that I have benefited a lot, and have a deeper interpretation of the connotations of teaching according to law, caring for students, and selfless dedication. Now, let me talk specifically about my feelings about learning:

Through studying the "Teacher Law", I have made it clear that I must persevere in studying political theory and education theory. 教育即服务 一切为了孩子,为了孩子的一切 学高为师,德高为范 等重要思想的理解。 Gradually deepen the understanding of important concepts such as " education as a service " , " all for children, everything for children " , " learning as a teacher, and morality as a model " . Pay attention to your words and deeds at all times and strengthen your awareness of teaching according to law. This not only requires our teachers to carry forward the spirit of candles, but also requires teachers to consciously obey the organization's arrangements, be willing to be a ladder, and be a hard gardener. Only in this way can we devote ourselves to education, devote our lives to education, and use the key of our wisdom to open the door for academic students to step into scientific knowledge. Use their lofty morals and sound personality to shape the students' beautiful hearts.

By studying the "Teacher Law", I love students more. The love of students is the source of strength and spiritual motivation for teachers to do a good job in education. Only when a teacher possesses this moral emotion can he have a strong desire to do well in education. 爱之,能勿劳乎 ? 言之,能勿诲乎 ?” 就是这个道理。 Do everything possible to teach the students well, Confucius said: " Love, can you not bother ? In other words , can you not bother ?" This is the truth.

By studying the "Teacher Law", I was urged to study the business knowledge more hard and improve my knowledge of all aspects. New theoretical knowledge emerges endlessly in the new situation, and business knowledge learning ca n’t just stop at what has been learned, watched, and heard. If the research is not thorough, especially if the combination of theory and practice is not in place, it will affect the Work has unpredictable effects. 从经验型向知识型研究型的转变 ,才能更好地做好服务于教育教学这项本职工作。 We should always keep in mind that only by constantly learning new knowledge and continuously strengthening business training can we meet the " transition from experience-based to knowledge-based research " required by teachers in the new era , and we can better serve education and teaching. This job.

By studying the "Teacher Law," I learned that I must lead by example in everything. 言传身教 ,也就是说教师是用自己的学识、思想品质和人格魅力来对学生进行教育的,无论哪一层的学生都自觉或不自觉的把教师当成自己的榜样。 Teachers are engaged in the work of cultivating people. The most influential part of teachers' work is " Teaching by Words " , which means that teachers educate students with their own knowledge, ideological qualities, and personality charm. Consciously or unconsciously regard teachers as their role models. 教师是镜子,学生是教师的影子。 以身作则要求了教师做事要言行一致,表里如一,还要求我们仪表端庄,大方得体。 Teachers are the reference objects for students to learn to be human, so people often say that " teachers are mirrors, and students are the shadows of teachers. " Leading by example requires teachers to be consistent in words and deeds. Failure to do so will unknowingly affect students.

In addition, I learned that the rights and duties of teachers are unified and indivisible. Teachers must fulfill certain obligations while enjoying certain rights. Moreover, the more rights teachers have, the higher their quality requirements will be. Accordingly, the responsibilities and obligations we must assume will be heavier and more numerous.

Therefore, while enjoying their rights, teachers must fulfill their obligations under the Teachers Law. 教育教学、学术活动、管理学生、获得劳动报酬、民主管理、进修培训 等权利,并应当自觉履行 遵纪守法、履行聘约、教育学生、关爱学生、制止侵害、自我提高 等义务。 Specifically, teachers have the right to " education, teaching, academic activities, student management, labor remuneration, democratic management, advanced training " and other rights, and they should consciously perform " observance of laws and regulations , fulfillment of employment contracts, education of students, care of students, stop Violation, self-improvement " and other obligations.

? The above is my impression of studying in this period of time. If theoretical learning is only a means, and integration into reality is the purpose, then what should we do in future work ?

First of all, the teacher uses " de " . The world is so exciting. 或许是大多数人的梦想。 In a multitude of worlds, our hearts may be easily impetuous. When the material civilization is highly developed today, seeking " rich " and " easy " may be the dream of most people. ? 未必 ! 鉴于教师职业的特殊性,我们有着比其他职业更高的人格要求。 Is material affluence and ease of life always happy ? Not necessarily ! In view of the special nature of the teacher profession, we have higher personality requirements than other professions. The teacher's preaching, teaching, and puzzlement do not necessarily only point to the study of pure knowledge. On the contrary, it has more effect on shaping the personality of students.

Secondly, the " law " is adopted . Teachers must not only have perfect personality charm, but also put this personality under the premise of law. The study of education laws and regulations is based on comprehensively improving the professional ethics of teachers, focusing on love and dedication, teaching and educating others, and emphasizing others. The purpose is to further guide the majority of teachers to establish a correct outlook on education, quality and talent, and strengthen teachers. Activities that teach and educate people, build on their sense of responsibility and mission, and strive to build a good image of teachers. In recent years, it has been common for students and parents to push schools and teachers to the dock. 不管 之间徘徊的教师们疑惑不断,到底如何才是可行的 ? 我们说按照法律行事才是合理的。 Teachers lingering between " regulation " and " regardless " are constantly wondering, how is it feasible ? We say that it is reasonable to act in accordance with the law. We must follow the " law " in the teaching process .

Finally, I want to say that we must keep in mind the "Teacher Law", use the "Teacher Law" to regulate and spur ourselves, while imparting scientific and cultural knowledge, we must also protect the physical and mental health of students, protect their legitimate rights and interests, and promote Students develop in an all-round way in character, intelligence, and physique. It is necessary to study educational scientific theories hard, to further learn new knowledge, and to continuously enhance the level of business.

Summary: I hope that Fan Wenyi ’s experience in the teaching of the People ’s Republic of China will help everyone.

: 关于教师节的作文:中华人民共和国教师法 3 : Composition on Teacher's Day: Teacher Law of the People's Republic of China

(Adopted at the fourth meeting of the Standing Committee of the Eighth National People's Congress on October 31, 1993)

Chapter I General Provisions

Article 1 This Law is enacted in order to protect the legitimate rights and interests of teachers, build a team of teachers with good ideological and moral cultivation and professional qualities, and promote the development of socialist education.

Article 2 This Law applies to teachers who specialize in education and teaching in schools and other educational institutions at all levels.

Article 3 Teachers are professionals who perform their duties of education and teaching, and undertake the mission of teaching and educating people, training builders and successors of socialist undertakings, and improving national quality. Teachers should be loyal to the education of the people.

Article 4 People's governments at all levels shall take measures to strengthen ideological and political education and professional training of teachers, improve their working and living conditions, protect their legitimate rights and interests, and improve their social status. The whole society should respect teachers.

Article 5 The education administration department of the State Council is in charge of the work of teachers nationwide.

Relevant departments of the State Council are responsible for related teachers' work within their respective areas of competence.

Schools and other educational institutions independently carry out teacher management in accordance with state regulations.

Article 6 Every September 10th is Teacher's Day.

Chapter II Rights and Obligations

Article 7 Teachers enjoy the following rights:

(1) Carry out education and teaching activities, carry out education and teaching reforms and experiments;

(2) Engage in scientific research and academic exchanges, participate in professional academic groups, and fully express their opinions in academic activities;

(3) Guiding students' learning and development, assessing their conduct and academic performance;

(4) to receive wages and remunerations on time, to enjoy the welfare benefits stipulated by the state, and to take paid vacations for winter and summer vacations;

(5) to provide opinions and suggestions on school education and teaching, management work, and the work of the education administrative department, and to participate in the democratic management of schools through congresses of staff and workers or other forms;

(6) Participate in continuing education or other training.

eighth

Teachers should fulfill the following obligations:

(1) abide by the Constitution, laws and professional ethics, and be a model for others;

(2) Carry out the national education policy, abide by the rules and regulations, implement the school's teaching plan, fulfill teachers' appointments, and complete the tasks of education and teaching;

(3) To educate students on the basic principles established by the Constitution and the education of patriotism, national unity, legal education and ideological, moral, cultural, scientific and technological education, and organize and lead students to carry out useful social activities;

(4) Caring and loving all students, respecting their personality, and promoting their all-round development in character, intelligence, and physical fitness;

(5) Stop acts that are harmful to students or other acts that infringe upon students 'legitimate rights and interests, and criticize and resist phenomena that are harmful to students' healthy growth;

(6) Continuously improve the level of ideological and political awareness and education and teaching.

Article 9

To ensure that teachers complete education and teaching tasks, people's governments at all levels, education administrative departments, relevant departments, schools and other educational institutions should perform the following duties:

(1) Provide education and teaching facilities and equipment that meet national security standards;

(2) providing necessary books, materials and other educational and teaching supplies;

(3) Encouraging and helping teachers' creative work in education, teaching and scientific research;

(4) Support teachers to stop acts that are harmful to students or other acts that infringe upon students' legitimate rights and interests.

Chapter III Qualifications and Appointments

Article 10

The state implements a teacher qualification system.

Chinese citizens who abide by the Constitution and laws, love education, have good ideology and morals, possess the academic qualifications required by this law or pass the national teacher qualification examination, have the ability to teach and teach, and are qualified to obtain teacher qualifications.

Article 11

The corresponding academic qualifications that should be obtained to obtain a teacher qualification are:

(1) To obtain the qualification of a kindergarten teacher, they should have graduated from a preschool education school or above;

(2) To obtain qualifications for primary school teachers, they should have graduated from a secondary normal school or above;

(3) To obtain the qualifications of junior middle school teachers, junior vocational school culture, and professional course teachers, they should have graduated from colleges for higher normal education or other colleges or higher;

(4) To obtain the qualifications of teachers in senior high schools and teachers in secondary professional schools, technical schools, vocational high schools, cultural courses, and professional courses, they should have a bachelor's degree from a normal university or other university or higher; obtain a secondary professional school, technical school, The qualifications required for the qualification of vocational high school students' internship instructors shall be prescribed by the education administration department of the State Council;

(5) To obtain the qualification of a teacher in a college or university, a graduate or undergraduate degree;

(6) To obtain the qualifications for adult education teachers, they should have graduated from higher and secondary schools and above in accordance with the level and category of adult education. Citizens who do not have the qualifications for teachers required by this law must apply to pass the National Teacher Qualification Examination to apply for teacher qualifications. The national teacher qualification examination system is prescribed 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 possess the academic qualifications provided for in this Law, the education administration department of the State Council shall stipulate measures for the transition of teacher qualifications.

Article 13 The qualifications of primary and secondary school teachers shall be determined 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 are recognized by the competent authorities organized by the education administrative department of the local people's government at or above the county level. The qualifications of teachers in ordinary institutions of higher learning shall be determined by the State Council or the administrative department of education of a province, autonomous region, or municipality directly under the Central Government or a school entrusted by them. Citizens who have the qualifications required by this Law or have passed the National Teacher Qualification Examination and require relevant authorities to determine their teacher qualifications shall be identified by the relevant authorities in accordance with the conditions specified in this Law. Those who have obtained teacher qualifications should have a probation period when they teach for the first time.

Article 14 Teachers who have been deprived of their political rights or who have intentionally committed a criminal punishment for a term of imprisonment or more shall not be able to obtain teacher qualifications; those who have already obtained teacher qualifications shall be disqualified.

Article 15 Graduates of normal schools at all levels shall be engaged in education and teaching in accordance with relevant state regulations. The state encourages graduates of non-teaching institutions of higher learning to teach in primary, secondary or vocational schools.

Article 16 The State implements a system of teacher positions, and specific measures shall be formulated by the State Council.

Article 17 Schools and other educational institutions shall gradually implement a teacher appointment system. Teachers shall be appointed in accordance with the principle of equality between the two parties. Schools and teachers shall sign employment contracts that clearly define the rights, obligations and responsibilities of both parties. The steps and measures for implementing the teacher appointment system shall be prescribed by the education administration department of the State Council.

Chapter IV Cultivation and Training

Article 18: People's governments at all levels and relevant departments shall conduct normal education and take measures to encourage outstanding young people to study in normal schools at all levels. Teacher training schools at all levels undertake the task of training primary and secondary school teachers. Non-normal schools should undertake the task of training and training teachers in primary and secondary schools. Students of normal schools at all levels enjoy professional scholarships.

Article 19 The education administrative departments, school authorities and schools of people's governments at all levels shall formulate teacher training plans and provide teachers with various forms of ideological, political, and professional training.

Article 20 State organs, enterprises and institutions and other social organizations shall facilitate and assist teachers in social investigation and social practice.

Article 21 People's governments at all levels shall take measures to train and train teachers for ethnic minority areas and remote and poverty-stricken areas.

Chapter V Assessment

Article 22 Schools or other educational institutions shall evaluate teachers' political ideology, professional level, work attitude and work performance. The administrative department of education guides and supervises the assessment of teachers.

Article 23 The assessment shall be objective, fair and accurate, and fully listen to the opinions of the teacher, other teachers and students.

Article 24 The results of teacher assessment are the basis for being hired for teaching, to be promoted for wages, and to be rewarded or punished.

Chapter VI Treatment

Article 25 The average salary level of teachers shall not be lower than or higher than the average salary level of state civil servants, and shall be gradually increased. Establish a normal promotion salary increase system, and specific measures shall be formulated by the State Council.

Article 26 Primary and secondary school teachers and vocational school teachers enjoy teaching age allowances and other allowances. Specific measures shall be formulated by the education administration department of the State Council in conjunction with relevant departments.

Article 27 Local people's governments at various levels shall subsidize teachers and graduates with technical secondary school education or higher who are engaged in education and teaching in ethnic minority areas and remote poverty-stricken areas.

Article 28 Local people's governments at various levels and relevant departments of the State Council shall give priority and preferential treatment to the construction, lease, and sale of urban teacher housing. The people's governments at the county and township levels should provide facilities for rural primary and secondary school teachers to solve their housing problems.

Article 29 The medical treatment of teachers enjoys the same treatment as that of local civil servants; regular physical examinations of teachers are conducted, and teachers are required to take recuperation according to local conditions. Medical institutions shall provide guidelines for the medical treatment of local teachers.

Article 30 After a division retires or retires, it enjoys retirement or retirement benefits as prescribed by the state. Local people's governments at or above the county level may appropriately increase the proportion of pensions taught by retired teachers in elementary and middle schools who have long been engaged in education and teaching.

Article 31 People's governments at all levels shall take measures to improve the treatment of teachers in elementary and secondary schools with state subsidies and collective payment of wages, and gradually achieve equal pay for equal work with teachers who are paid by the state. According to the actual situation in the region.

Article 32 The treatment of teachers in schools run by social forces shall be determined and guaranteed by the organizers themselves.

Chapter VII Rewards

Article 33 Teachers who have achieved outstanding results in education and teaching, training of talents, scientific research, teaching reform, school construction, social services, work-study programs, etc. shall be commended and rewarded by the school where they are located. The State Council, local people's governments at all levels, and relevant departments shall commend and reward teachers who have made outstanding contributions. Honorary titles shall be granted to teachers who have made significant contributions in accordance with relevant state regulations.

Article 34 The State supports and encourages social organizations or individuals to donate funds to the fund organizations established to reward teachers in accordance with the law to reward teachers.

Chapter VIII Legal Liability

Article 35 Teachers who insult or beat teachers shall be given administrative sanctions or administrative penalties according to different situations; those who cause damage shall be ordered to compensate for losses; if the circumstances are serious enough to constitute a crime, criminal liability shall be investigated according to law.

Article 36 In the case of retaliation against teachers who have filed complaints, accusations, or reports in accordance with the law, their units or higher authorities shall order corrections; if the circumstances are serious, administrative sanctions may be given according to specific circumstances. If a state official commits a crime of retaliation against a teacher, he shall be investigated for criminal responsibility in accordance with Article 146 of the Criminal Law.

Article 37 If a teacher has any of the following circumstances, the school, other educational institution, or education administrative department shall give administrative sanctions or dismissal.

(1) intentionally failing to complete the tasks of education and teaching causes losses to education and teaching;

(2) corporal punishment of a student who does not change after education;

(3) Poor conduct, insulting students, and bad influence.

If the teacher has one of the situations 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.

Article 38 The local people's government shall, in violation of the provisions of this Law, default on teachers 'salaries or infringe on other teachers' legal rights and interests, shall order them to make corrections within a time limit. In violation of the state's financial system and financial system, misappropriating state fiscal funds for education, seriously hampering education and teaching, arrears teachers 'salaries, and damaging teachers' legitimate rights and interests, the higher authorities shall order them to return the misappropriated funds within a time limit and grant them to those who are directly responsible. Administrative sanctions; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 39 Teachers who appeal to schools or other educational institutions for infringing their legitimate rights or interests, or dissatisfied with the handling made by schools or other educational institutions, may file an appeal with the education administration department. The education administration department shall Handle within days. If the teacher believes that the relevant administrative department of the local people's government violates its rights under this law, he may lodge a complaint with the people's government at the same level or the relevant department of the people's government at the next higher level. deal with.

Chapter IX Supplementary Provisions

Article 40 The meanings of the following terms in this Law are:

(1) Schools at all levels refer to schools that implement pre-school education, general primary education, general secondary education, vocational education, general higher education, special education, and adult education.

(2) Other educational institutions refer to the Children's Palace, local teaching and research offices, and electronic education 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, teachers of other types of schools, and educational and teaching assistants may be implemented with reference to the relevant provisions of this law according to actual conditions. The relevant provisions of the Central Military Commission shall be formulated by the Central Military Commission in accordance with this Law for teachers and educational and teaching assistants of military-owned colleges and universities.

Article 42 Measures for the employment of foreign teachers shall be prescribed by the education administration department of the State Council.

Article 43 This Law shall enter into force on January 1, 1994.

: 关于教师节的作文:中华人民共和国教师法 Four : Composition on Teacher's Day: Teacher Law of the People's Republic of China

(Adopted at the fourth meeting of the Standing Committee of the Eighth National People's Congress on October 31, 1993)

Chapter I General Provisions

Article 1 This Law is enacted in order to protect the legitimate rights and interests of teachers, build a team of teachers with good ideological and moral cultivation and professional qualities, and promote the development of socialist education.

Article 2 This Law applies to teachers who specialize in education and teaching in schools and other educational institutions at all levels.

Article 3 Teachers are professionals who perform their duties of education and teaching, and undertake the mission of teaching and educating people, training builders and successors of socialist undertakings, and improving national quality. Teachers should be loyal to the education of the people.

Article 4 People's governments at all levels shall take measures to strengthen ideological and political education and professional training of teachers, improve their working and living conditions, protect their legitimate rights and interests, and improve their social status. The whole society should respect teachers.

Article 5 The education administration department of the State Council is in charge of the work of teachers nationwide.

Relevant departments of the State Council are responsible for related teachers' work within their respective areas of competence.

Schools and other educational institutions independently carry out teacher management in accordance with state regulations.

Article 6 Every September 10th is Teacher's Day.

Chapter II Rights and Obligations

Article 7 Teachers enjoy the following rights:

(1) Carry out education and teaching activities, carry out education and teaching reforms and experiments;

(2) Engage in scientific research and academic exchanges, participate in professional academic groups, and fully express their opinions in academic activities;

(3) Guiding students' learning and development, assessing their conduct and academic performance;

(4) to receive wages and remunerations on time, to enjoy the welfare benefits stipulated by the state, and to take paid vacations for winter and summer vacations;

(五)对学校教育教学、管理工作和教育行政部门的工作提出意见和建议,通过教职工代表大会或者其他形式,参与学校的民主管理;

(六)参加进修或者其他方式的培训。

eighth

教师应当履行下列义务:

(一)遵守宪法、法律和职业道德,为人师表;

(二)贯彻国家的教育方针,遵守规章制度,执行学校的教学计划,履行教师聘约,完成教育教学工作任务;

(三)对学生进行宪法所确定的基本原则的教育和爱国主义、民族团结的教育,法制教育以及思想品德、文化、科学技术教育,组织、带领学生开展有益的社会活动;

(四)关心、爱护全体学生,尊重学生人格,促进学生在品德、智力、体质等方面全面发展;

(五)制止有害于学生的行为或者其他侵犯学生合法权益的行为,批评和抵制有害于学生健康成长的现象;

(六)不断提高思想政治觉悟和教育教学业务水平。

Article 9

为保障教师完成教育教学任务,各级人民政府、教育行政部门、有关部门、学校和其他教育机构应当履行下列职责:

(一)提供符合国家安全标准的教育教学设施和设备;

(二)提供必需的图书、资料及其他教育教学用品;

(三)对教师在教育教学、科学研究中的创造性工作给以鼓励和帮助;

(四)支持教师制止有害于学生的行为或者其他侵犯学生合法权益的行为。

Chapter III Qualifications and Appointments

Article 10

国家实行教师资格制度。

中国公民凡遵守宪法和法律,热爱教育事业,具有良好的思想品德,具备本法规定的学历或者经国家教师资格考试合格,有教育教学能力,经认定合格的,可以取得教师资格。

Article 11

取得教师资格应当具备的相应学历是:

(一)取得幼儿园教师资格,应当具备幼儿师范学校毕业及其以上学历;

(二)取得小学教师资格,应当具备中等师范学校毕业及其以上学历;

(三)取得初级中学教师、初级职业学校文化、专业课教师资格,应当具备高等师范专科学校或者其他大学专科毕业及其以上学历;

(四)取得高级中学教师资格和中等专业学校、技工学校、职业高中文化课、专业课教师资格,应当具备高等师范院校本科或者其他大学本科毕业及其以上学历;取得中等专业学校、技工学校和职业高中学生实习指导教师资格应当具备的学历,由国务院教育行政部门规定;

(五)取得高等学校教师资格,应当具备研究生或者大学本科毕业学历;

(六)取得成人教育教师资格,应当按照成人教育的层次、类别,分别具备高等、中等学校毕业及其以上学历。不具备本法规定的教师资格学历的公民,申请获取教师资格,必须通过国家教师资格考试。国家教师资格考试制度由国务院规定。

第十二条本法实施前已经在学校或者其他教育机构中任教的教师,未具备本法规定学历的,由国务院教育行政部门规定教师资格过渡办法。

第十三条中小学教师资格由县级以上地方人民政府教育行政部门认定。中等专业学校、技工学校的教师资格由县级以上地方人民政府教育行政部门组织有关主管部门认定。普通高等学校的教师资格由国务院或者省、自治区、直辖市教育行政部门或者由其委托的学校认定。具备本法规定的学历或者经国家教师资格考试合格的公民,要求有关部门认定其教师资格的,有关部门应当依照本法规定的条件予以认定。取得教师资格的人员首次任教时,应当有试用期。

第十四条受到剥夺政治权利或者故意犯罪受到有期徒刑以上刑事处罚的,不能取得教师资格;已经取得教师资格的,丧失教师资格。

第十五条各级师范学校毕业生,应当按照国家有关规定从事教育教学工作。国家鼓励非师范高等学校毕业生到中小学或者职业学校任教。

第十六条国家实行教师职务制度,具体办法由国务院规定。

第十七条学校和其他教育机构应当逐步实行教师聘任制。教师的聘任应当遵循双方地位平等的原则,由学校和教师签订聘任合同,明确规定双方的权利、义务和责任。实施教师聘任制的步骤、办法由国务院教育行政部门规定。

Chapter IV Cultivation and Training

第十八条各级人民政府和有关部门应当办好师范教育,并采取措施,鼓励优秀青年进入各级师范学校学习。各级教师进修学校承担培训中小学教师的任务。非师范学校应当承担培养和培训中小学教师的任务。各级师范学校学生享受专业奖学金。

第十九条各级人民政府教育行政部门、学校主管部门和学校应当制定教师培训规划,对教师进行多种形式的思想政治、业务培训。

第二十条国家机关、企业事业单位和其他社会组织应当为教师的社会调查和社会实践提供方便,给予协助。

第二十一条各级人民政府应当采取措施,为少数民族地区和边远贫困地区培养、培训教师。

Chapter V Assessment

第二十二条学校或者其他教育机构应当对教师的政治思想、业务水平、工作态度和工作成绩进行考核。教育行政部门对教师的考核工作进行指导、监督。

第二十三条考核应当客观、公正、准确,充分听取教师本人、其他教师以及学生的意见。

第二十四条教师考核结果是受聘任教、晋升工资、实施奖惩的依据。

Chapter VI Treatment

第二十五条教师的平均工资水平应当不低于或者高于国家公务员的平均工资水平,并逐步提高。建立正常晋级增薪制度,具体办法由国务院规定。

第二十六条中小学教师和职业学校教师享受教龄津贴和其他津贴,具体办法由国务院教育行政部门会同有关部门制定。

第二十七条地方各级人民政府对教师以及具有中专以上学历的毕业生到少数民族地区和边远贫困地区从事教育教学工作的,应当予以补贴。

第二十八条地方各级人民政府和国务院有关部门,对城市教师住房的建设、租赁、出售实行优先、优惠。县、乡两级人民政府应当为农村中小学教师解决住房提供方便。

第二十九条教师的医疗同当地国家公务员享受同等的待遇;定期对教师进行身体健康检查,并因地制宜安排教师进行休养。医疗机构应当对当地教师的医疗提供方针。

第三十条师退休或者退职后,享受国家规定的退休或者退职待遇。县级以上地方人民政府可以适当提高长期从事教育教学工作的中小学退休教师教的退休金比例。

第三十一条各级人民政府应当采取措施,改善国家补助、集体支付工资的中小学教师的待遇,逐步做到在工资收入上与国家支付工资的教师同工同酬,具体办法由地方各级人民政府根据本地区的实际情况规定。

第三十二条社会力量所办学校的教师的待遇,由举办者自行确定并予以保障。

Chapter VII Rewards

第三十三条教师在教育教学、培养人才、科学研究、教学改革、学校建设、社会服务、勤工俭学等方面成绩优异的,由所在学校予以表彰、奖励。国务院和地方各级人民政府及其有关部门对有突出贡献的教师,应当予以表彰、奖励。对有重大贡献的教师,依照国家有关规定授予荣誉称号。

第三十四条国家支持和鼓励社会组织或者个人向依法成立的奖励教师的基金组织捐助资金,对教师进行奖励。

Chapter VIII Legal Liability

第三十五条侮辱、殴打教师的,根据不同情况,分别给予行政处分或者行政处罚;造成损害的,责令赔偿损失;情节严重,构成犯罪的,依法追究刑事责任。

第三十六条对依法提出申诉、控告、检举的教师进行打击报复的,由其所在单位或者上级机关责令改正;情节严重的,可以根据具体情况给予行政处分。国家工作人员对教师打击报复构成犯罪的,依照刑法第一百四十六条的规定追究刑事责任。

第三十七条教师有下列情形之一的,由所在学校、其他教育机构或者教育行政部门给予行政处分或者解聘。

(一)故意不完成教育教学任务给教育教学工作造成损失的;

(二)体罚学生,经教育不改的;

(三)品行不良、侮辱学生,影响恶劣的。

教师有前款第(二)项、第(三)项所列情形之一,情节严重,构成犯罪的,依法追究刑事责任。

第三十八条地方人民政府对违反本法规定,拖欠教师工资或者侵犯教师其他合法权益的,应当责令其限期改正。违反国家财政制度、财务制度,挪用国家财政用于教育的经费,严重妨碍教育教学工作,拖欠教师工资,损害教师合法权益的,由上级机关责令限期归还被挪用的经费,并对直接责任人员给予行政处分;情节严重,构成犯罪的,依法追究刑事责任。

第三十九条教师对学校或者其他教育机构侵犯其合法权益的,或者对学校或者其他教育机构作出的处理不服的,可以向教育行政部门提出申诉,教育行政部门应当在接到申诉的三十日内,作出处理。教师认为当地人民政府有关行政部门侵犯其根据本法规定享有的权利的,可以向同级人民政府或者上一级人民政府有关部门提出申诉,同级人民政府或者上一级人民政府有关部门应当作出处理。

Chapter IX Supplementary Provisions

第四十条本法下列用语的含义是:

(一)各级各类学校,是指实施学前教育、普通初等教育、普通中等教育、职业教育、普通高等教育以及特殊教育、成人教育的学校。

(二)其他教育机构,是指少年宫以及地方教研室、电化教育机构等。

(三)中小学教师,是指幼儿园、特殊教育机构、普通中小学、成人初等中等教育机构、职业中学以及其他教育机构的教师。

第四十一条学校和其他教育机构中的教育教学辅助人员,其他类型的学校的教师和教育教学辅助人员,可以根据实际情况参照本法的有关规定执行。军队所属院校的教师和教育教学辅助人员,由中央军事委员会依照本法制定有关规定。

第四十二条外籍教师的聘任办法由国务院教育行政部门规定。

第四十三条本法自一九九四年一月一日起施行。

: 中华人民共和国律师法(全文)

(六)接受非诉讼法律事务当事人的委托,提供法律服务;

(七)解答有关法律的询问、代写诉讼文书和有关法律事务的其他文书。

Article 26 律师担任法律顾问的,应当为聘请人就有关法律问题提供意见,草拟、审查法律文书,代理参加诉讼、调解或者仲裁活动,办理聘请人委托的其他法律事务,维护聘请人的合法权益。

Article 27 律师担任诉讼法律事务代理人或者非诉讼法律事务代理人的,应当在受委托的权限内,维护委托人的合法权益。

Article 28 律师担任刑事辩护人的,应当根据事实和法律,提出证明犯罪嫌疑人、被告人无罪、罪轻或者减轻、免除其刑事责任的材料和意见,维护犯罪嫌疑人、被告人的合法权益。

Article 29 委托人可以拒绝律师为其继续辩护或者代理,也可以另行委托律师担任辩护人或者代理人。

律师接受委托后,无正当理由的,不得拒绝辩护或者代理,但委托事项违法,委托人利用律师提供的服务从事违法活动或者委托人隐瞒事实的,律师有权拒绝辩护或者代理。

Article 30 律师参加诉讼活动,依照诉讼法律的规定,可以收集、查阅与本案有关的材料,同被限制人身自由的人会见和通信,出席法庭,参与诉讼,以及享有诉讼法律规定的其他权利。

律师担任诉讼代理人或者辩护人的,其辩论或者辩护的权利应当依法保障。

Article 31 律师承办法律事务,经有关单位或者个人同意,可以向他们调查情况。

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