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Seventy-five popularization column

Higher Education Law of the People's Republic of China

Time: 2018-07-27 Release: Teacher He

829日第九届全国人民代表大会常务委员会第四次会议通过根据20151227日第十二届全国人民代表大会常务委员会第十八次会议《关于修改〈中华人民共和国高等教育法〉的决定》修正) (Adopted at the fourth meeting of the Standing Committee of the Ninth National People's Congress on August 29 , 1998. Higher Education Act Decision (Amendment)

table of Contents

Chapter I General Provisions

Chapter II Basic System of Higher Education

Chapter III Establishment of Higher Education Institutions

Chapter IV Organization and Activities of Higher Education Institutions

Chapter V Teachers of Higher Schools and Other Educators

Chapter Six Students in Higher Schools

Chapter VII Guarantee of Higher Education Investment and Conditions

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution and the Education Law in order to develop the cause of higher education, implement the strategy of rejuvenating the country through science and education, and promote the construction of socialist material civilization and spiritual civilization.

Article 2 This Law applies to activities of higher education within the territory of the People's Republic of China.

The term "higher education" referred to in this Law refers to education implemented on the basis of completing higher secondary education.

Article 3. The state adheres to the guidance of Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory, and adheres to the basic principles established by the Constitution to develop socialist higher education.

Article 4 Higher education must implement the country's education policy, serve socialist modernization, serve the people, and combine production with labor and social practice to make the educated people a society with comprehensive development in moral, intellectual, physical, and aesthetic aspects. Builders and successors.

Article 5 The task of higher education is to train senior professionals with a sense of social responsibility, innovative spirit and practical ability, develop science and technology culture, and promote socialist modernization.

Article 6. The State formulates higher education development plans, organizes higher education institutions in accordance with the needs of economic construction and social development, and takes various forms to actively develop higher education.

The state encourages social forces such as enterprises, institutions, social groups, other social organizations, and citizens to organize institutions of higher learning in accordance with the law, to participate in and support the reform and development of higher education.

Article 7 The State shall, in accordance with the needs of socialist modernization and the development of a socialist market economy, promote the reform of higher education system and higher education teaching, optimize the structure and resource allocation of higher education, and improve higher education in accordance with the reality of different types and levels of higher education institutions The quality and effectiveness of education.

Article 8 The State shall, in accordance with the characteristics and needs of ethnic minorities, assist and support the development of higher education in ethnic minority areas, and train senior specialized personnel for ethnic minorities.

Article 9 Citizens have the right to higher education in accordance with the law.

The state adopts measures to help minority students and students with financial difficulties to receive higher education.

Colleges and universities must enroll disabled students who meet the admission standards set by the state. They must not refuse admission because of their disability.

Article 10 The State guarantees freedom of scientific research, literary and artistic creation and other cultural activities in institutions of higher learning in accordance with law.

Engaging in scientific research, literary and artistic creation, and other cultural activities in institutions of higher learning shall abide by the law.

Article 11 Institutions of higher learning shall be oriented to the society, sponsor schools in accordance with law, and implement democratic management.

Article 12 The State encourages cooperation between higher education institutions, between higher education institutions and scientific research institutions, and enterprises and institutions, to complement each other's advantages and improve the use of educational resources.

The State encourages and supports international exchanges and cooperation in higher education.

Article 13 The State Council leads and manages the cause of higher education nationwide.

The people's governments of provinces, autonomous regions, and municipalities directly coordinate and coordinate the higher education undertakings in their respective administrative areas. The management is mainly for the training of local talents and institutions of higher learning authorized by the State Council.

Article 14 The education administrative department of the State Council is in charge of the work of higher education nationwide, and manages the institutions of higher learning designated by the State Council for the cultivation of talents throughout the country. Other relevant departments of the State Council are responsible for higher education within the scope of their duties as prescribed by the State Council.

Chapter II Basic System of Higher Education

Article 15 Higher education includes diploma education and non-degree education.

Higher education takes the form of full-time and part-time education.

The state supports the use of radio, television, correspondence and other distance education methods to implement higher education.

Article 16 Higher education is divided into college education, undergraduate education and postgraduate education.

Higher academic education shall meet the following academic standards:

(1) Specialist education shall enable students to master the basic theories and expertise necessary for the major, and have the basic skills and preliminary ability to engage in the actual work of the major;

(2) Undergraduate education should enable students to have a more systematic grasp of the basic theory and basic knowledge necessary for the subject and specialty, master the basic skills, methods and related knowledge necessary for the specialty, and have the initial ability to engage in the actual work and research work of the specialty;

(3) The master's degree education should enable students to master the solid basic theory and systematic professional knowledge of the subject, master the corresponding skills, methods, and relevant knowledge, and have the ability to engage in practical work and scientific research in the specialty. Doctoral education should enable students to master solid and broad basic theories, systematic and in-depth professional knowledge, corresponding skills and methods, and have the ability to independently engage in creative scientific research and practical work in this discipline.

Article 17 The basic duration of professional education is two to three years, the basic duration of undergraduate education is four to five years, the basic duration of graduate education is two to three years, and the basic duration of doctoral education is three to three years. Four years. The duration of part-time higher education should be appropriately extended. Institutions of higher learning may, according to actual needs, report to the competent education administrative department for approval, and may make adjustments to their schooling years.

Article 18 Higher education is implemented by higher education institutions and other higher education institutions.

Universities and independent colleges mainly implement undergraduate education and above. Higher vocational schools implement college education. With the approval of the education administrative department of the State Council, scientific research institutions can assume the task of graduate education.

Other higher education institutions implement non-degree higher education.

Article 19: Those who have graduated from higher secondary education or have the same academic ability shall pass the examination and be admitted by the colleges and universities conducting the corresponding education to obtain the qualifications for college or undergraduate students.

Those who have graduated from undergraduate courses or have the same academic ability, pass the examination and are accepted by colleges or universities or colleges and universities that carry out the education for the corresponding academic qualifications.

Those who have graduated from a master's degree or have the same academic ability shall pass the examination and be accepted by a college or university or a scientific research institution authorized to undertake graduate education tasks to obtain the qualification for admission to a doctoral degree.

Undergraduate graduates of specific disciplines and majors are allowed to directly obtain the admission qualifications for doctoral students. The specific measures shall be prescribed by the education administration department of the State Council.

Article 20 Students receiving higher education shall be issued corresponding academic certificates or other academic certificates by their institutions of higher learning or scientific research institutions authorized to undertake postgraduate education tasks in accordance with their years of study and academic performance in accordance with relevant state regulations. .

Students receiving non-educational higher education shall be issued a corresponding certificate of completion by the college or other higher education institution. The certificate of completion should clearly indicate the number of years of study and academic content.

Article 21 The State implements a system of self-study examinations for higher education. Those who pass the examinations shall be issued corresponding academic certificates or other academic certificates.

Article 22 The state implements a degree system. Degrees are divided into bachelor, master and doctoral degrees.

Citizens who have received higher education or self-study and whose academic attainment meets the nationally prescribed degree standards may apply to the degree-granting unit for the corresponding degree.

Article 23 Higher education institutions and other higher education institutions shall undertake the work of implementing continuing education in accordance with social needs and their own conditions for running schools.

Chapter III Establishment of Higher Education Institutions

Article 24 The establishment of colleges and universities should be in accordance with the national higher education development plan, and in the national interest and the public interest.

Article 25 The establishment of colleges and universities should meet the basic conditions stipulated by the Education Law.

Universities or independent colleges should also have strong teaching and scientific research capabilities, a high level of teaching and scientific research, and a corresponding scale, capable of implementing undergraduate education and above. The university must also have more than three national disciplines as the main disciplines. The specific standards for establishing higher education institutions shall be formulated by the State Council.

The specific standards for establishing other higher education institutions shall be formulated by the relevant departments authorized by the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the State Council in accordance with the principles stipulated by the State Council.

Article 26 The establishment of a higher education institution shall use the corresponding name according to its level, type, subject category, scale, teaching and scientific research level.

Article 27 To apply for the establishment of a higher education institution, the following materials shall be submitted to the examination and approval authority:

(1) Application report;

(2) Feasibility study materials;

(3) the articles of association;

(4) Other materials required by the examination and approval authority in accordance with the provisions of this Law.

Article 28 The articles of association of higher education institutions shall stipulate the following:

(1) the name and address of the school;

(2) the purpose of running a school;

(3) the scale of running a school;

(4) the setting of disciplines;

(5) Forms of education;

(6) Internal management system;

(7) sources of funds, property and financial systems;

(8) the rights and obligations between the sponsor and the school;

(9) procedures for amending the articles of association;

(10) Other matters that must be stipulated by the articles of association.

Article 29 The establishment of institutions of higher education for undergraduate education and above shall be examined and approved by the education administration department of the State Council. Educational institutions are subject to examination and approval by the education administrative department of the people's governments of provinces, autonomous regions and municipalities. The examination and approval of the establishment of higher education institutions and other higher education institutions shall abide by relevant state regulations.

To approve the establishment of a higher education institution, an appraisal agency composed of experts shall be entrusted with the appraisal.

The division, merger, and termination of higher education institutions and other higher education institutions, changes in names, categories, and other important matters shall be examined and approved by the examination and approval authority specified in the first paragraph of this article; amendments to the articles of association shall be reported to the education administrative department of the State Council or the province or autonomous region in accordance with the administrative authority 2. The education administrative department of the people's government of the municipality directly under the Central Government has approved it.

Chapter IV Organization and Activities of Higher Education Institutions

Article 30 Institutions of higher learning have obtained the status of legal persons from the date of approval of establishment. The principal of a university is the legal representative of the university.

Institutions of higher learning enjoy civil rights and assume civil liabilities in civil activities.

Article 31 Colleges and universities should focus on training talents, carry out teaching, scientific research and social services, and ensure that the quality of education and teaching meets the standards set by the state.

Article 32 Institutions of higher learning shall formulate enrollment plans according to social needs, schooling conditions and the school-run scale approved by the state, and independently adjust the enrollment ratio of departments.

Article 33 Institutions of higher learning independently establish and adjust disciplines and specialties in accordance with law.

Article 34 Colleges and universities independently formulate teaching plans, select teaching materials, and organize and implement teaching activities in accordance with teaching needs.

Article 35 Colleges and universities independently carry out scientific research, technological development and social services according to their own conditions.

The state encourages colleges and universities to cooperate with enterprises, institutions, social groups and other social organizations in various forms of scientific research, technological development and promotion.

The state supports qualified colleges and universities to become a national scientific research base.

Article 36 Institutions of higher learning independently carry out scientific, technological, and cultural exchanges and cooperation with overseas institutions of higher learning in accordance with relevant state regulations.

Article 37 Colleges and universities should independently determine the settings and staffing of internal organizations such as teaching, scientific research, and administrative functions in accordance with actual needs and the principles of simplicity and effectiveness; evaluate and hire teachers and other professional and technical personnel in accordance with relevant state regulations Adjustment of allowances and salary distribution.

Article 38 Colleges and universities independently manage and use the property provided by the organizers, state financial aid, and donated property in accordance with law.

Colleges and universities may not use property for teaching and scientific research activities for other purposes.

Article 39 Institutions of higher learning run by the state implement the principal responsibility system under the leadership of the grassroots committees of the Communist Party of China institutions of higher learning. The grassroots committees of the Communist Party of China Colleges and Universities in accordance with the Constitution and relevant regulations of the Communist Party of China lead the work of the school in a unified manner, and support the principals to exercise their powers independently and responsibly. The school's ideological and political work and moral education work, discuss and determine the establishment of the school's internal organization and the person in charge of the internal organization, discuss and determine the school's reform, development, and basic management systems and other major issues, to ensure that the training of talents as the center The completion of the task.

The internal management system of colleges and universities hosted by social forces is determined in accordance with the state regulations on running schools with social forces.

Article 40 The principal of a higher education institution shall be a citizen who meets the requirements for employment as prescribed by the Education Law. Principals and vice-chancellors of colleges and universities shall be appointed and removed in accordance with relevant state regulations.

Article 41 The principal of a college of higher education is fully responsible for the teaching, scientific research, and other administrative management of the school, and exercises the following powers:

(1) to formulate development plans, formulate specific rules and regulations and annual work plans and organize their implementation;

(2) Organizing teaching activities, scientific research and moral education;

(3) Draw up a plan for the establishment of internal organizations, recommend candidates for the vice-principal, and appoint and remove the heads of internal organizations;

(4) hiring and dismissing teachers and other internal staff to manage student status and implement rewards or punishments;

(5) to draw up and implement annual budget plans, protect and manage school property, and safeguard the legitimate rights and interests of schools;

(6) Other functions and powers stipulated in the articles of association.

The principal of a college or university presides over the principal's office meeting or school affairs meeting, and handles the relevant matters specified in the preceding paragraph.

Article 42 An academic committee shall be set up in colleges and universities to perform the following duties:

(1) Review plans for discipline construction, specialty setting, teaching and scientific research;

(2) evaluating teaching and scientific research results;

(3) to investigate and handle academic disputes;

(4) to investigate and identify academic misconduct;

(5) Review and decide other matters related to academic development, academic evaluation, and academic norms in accordance with the articles of association.

Article 43 Colleges and universities, through the organization of teachers and staff congresses and other organizational forms, guarantee that teachers and staff participate in democratic management and supervision in accordance with the law, and safeguard the legitimate rights and interests of staff and workers.

Article 44 Institutions of higher learning shall establish an evaluation system of the school's school running level and quality of education, disclose relevant information in a timely manner, and accept social supervision.

The education administrative department is responsible for organizing experts or entrusting a third-party professional institution to evaluate the school-running level, effectiveness, and quality of education. The results of the assessment should be made public.

Chapter V Teachers of Higher Schools and Other Educators

Article 45 Teachers and other educators of institutions of higher learning enjoy the rights prescribed by law, fulfill their obligations under the law, and be loyal to the people's educational cause.

Article 46 Institutions of higher learning implement a teacher qualification system. Chinese citizens who abide by the Constitution and laws, love education, have good ideological and moral qualities, possess postgraduate or university graduate degrees, have corresponding education and teaching capabilities, and are qualified to obtain qualifications for teachers in higher schools. Citizens who do not have a postgraduate or undergraduate degree have advanced academic qualifications. After passing the National Teacher Qualification Examination, they can also be qualified as teachers of higher education institutions if they are found to be qualified.

Article 47 Higher education institutions implement a system of teacher positions. Teacher posts in colleges and universities are set according to the needs of teaching, scientific research and other tasks undertaken by the school. Teacher positions include teaching assistants, lecturers, associate professors, and professors.

Teachers in colleges and universities must meet the following basic requirements to obtain the positions specified in the preceding paragraph:

(1) Obtaining qualifications for teachers in colleges and universities;

(2) master the basic theory of the subject systematically;

(3) Educational and teaching abilities and scientific research abilities of corresponding positions;

(4) Curriculum of corresponding duties and teaching tasks of prescribed class hours.

In addition to the above basic post requirements, professors and associate professors should also have a systematic and solid basic theory and relatively rich teaching and scientific research experience in the subject. They should have outstanding teaching achievements, and their thesis or writing should reach a high level or have outstanding teaching, Scientific research results.

The specific conditions for the appointment of teachers in institutions of higher learning shall be prescribed by the State Council.

Article 48 Higher education institutions implement a system of teacher appointment. Teachers who are assessed to be eligible for appointment shall be appointed by institutions of higher learning in accordance with the duties, conditions and term of office of the teacher.

The appointment of teachers in colleges and universities shall follow the principle of equality and voluntariness on both sides, and the principal of the college and university shall sign an employment contract with the employed teacher.

Article 49 Managers of institutions of higher learning shall implement an education staff system. Teaching assistants and other professional and technical personnel in institutions of higher learning shall implement a system of appointment for professional and technical positions.

Article 50 The State protects the lawful rights and interests of teachers and other educators in institutions of higher learning, and adopts measures to improve the working and living conditions of teachers and other educators in institutions of higher learning.

Article 51 Colleges and universities shall provide convenient conditions for teachers to participate in training, carry out scientific research and conduct academic exchanges.

Institutions of higher learning shall evaluate the ideological and political performance, professional ethics, professional level, and work performance of teachers, managers, teaching assistants, and other professional and technical personnel, and the results of the assessment shall be used as the basis for appointment or dismissal, promotion, reward, or punishment.

Article 52 Teachers, administrators, teaching assistants, and other professional and technical personnel of institutions of higher learning shall do their job centered on teaching and training of talents.

Chapter Six Students in Higher Schools

Article 53 Students in institutions of higher learning shall abide by laws and regulations, observe the code of conduct of students and various management systems of the school, respect the teachers, study hard, strengthen their physique, establish patriotism, collectivism, and socialist thinking, and work hard to learn Marx Leninism, Mao Zedong Thought, and Deng Xiaoping Theory have good ideological and moral qualities, and possess high scientific and cultural knowledge and professional skills.

The lawful rights and interests of college students are protected by law.

Article 54 Students of institutions of higher learning shall pay tuition fees in accordance with state regulations.

Students with financial difficulties in their families may apply for subsidies or tuition exemptions.

Article 55 The State establishes scholarships, and encourages institutions of higher learning, enterprises, institutions, social organizations and other social organizations and individuals to establish various forms of scholarships in accordance with relevant state regulations. Students and students who work in areas specified by the state are rewarded.

The state establishes work-study funds and loan loans for college students, and encourages institutions of higher learning, enterprises, institutions, social organizations, and other social organizations and individuals to set up various forms of scholarships to help students with financial difficulties in their families.

Students who have received loans and bursaries shall fulfill corresponding obligations.

Article 56 Students of institutions of higher learning may participate in social services and work-study activities in the spare time, but they shall not affect the completion of academic tasks.

Institutions of higher learning shall encourage, support, and guide and manage students' social services and work-study activities.

Article 57 Students of institutions of higher learning may organize student groups within the school. Student groups operate within the scope of laws and regulations, and obey the leadership and management of the school.

Article 58 Students in colleges and universities are qualified for ideology and morals, and after completing the prescribed courses within the prescribed period of study, they have passed the grades or completed the corresponding credits and are allowed to graduate.

Article 59 Higher education institutions shall provide employment guidance and services to graduates and graduates.

The state encourages college graduates to work in remote and difficult areas.

Chapter VII Guarantee of Higher Education Investment and Conditions

Article 60 Higher education implements a mechanism that mainly focuses on the organizer's input, the educated person reasonably shares the cost of training, and uses multiple channels of higher education to raise funds.

The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government ensure that the funds for higher education run by the state gradually increase in accordance with Article 56 of the Education Law.

The state encourages enterprises, institutions, social groups and other social organizations and individuals to invest in higher education.

Article 61 The sponsors of institutions of higher education shall ensure a stable source of funding for running a school, and shall not withdraw their invested funds for running a school.

Article 62 The administrative department of education of the State Council, together with other relevant departments of the State Council, shall set the standards for the annual expenditure of higher education institutions and the basic principles for raising funds based on the annual per capita education cost of students at the school; The annual expenditure standards and methods of raising funds for institutions of higher learning in this administrative region serve as the basic basis for sponsors and institutions of higher education to raise funds for running schools.

Article 63 The State implements preferential policies for the import of books and materials, teaching and scientific research equipment, and school-run industries by institutions of higher learning. The proceeds from the industries run by universities or the transfer of intellectual property rights and other scientific and technological achievements are used to run schools.

Article 64 The tuition fees collected by institutions of higher learning shall be managed and used in accordance with relevant state regulations, and no other organization or individual may misappropriate them.

Article 65 Institutions of higher learning shall establish and improve financial management systems in accordance with law, rationally use and strictly manage education funds, and improve the efficiency of education investment.

The financial activities of institutions of higher learning shall be subject to supervision according to law.

Chapter VIII Supplementary Provisions

Article 66 Whoever violates the provisions of the Education Law in higher education activities shall be punished in accordance with the relevant provisions of the Education Law.

Article 67 Individuals outside China who meet the conditions prescribed by the state and go through relevant formalities can enter higher schools in China to study, research, conduct academic exchanges or teach, and their legitimate rights and interests are protected by the state.

Article 68 The term "higher schools" as mentioned in this Law refers to universities, independent colleges and technical colleges, including higher vocational schools and adult higher schools.

The term "other higher education institutions" as mentioned in this Law refers to organizations engaged in higher education activities other than institutions of higher learning and scientific research institutions that have been approved to undertake graduate education tasks.

The provisions of this law concerning higher education institutions apply to other higher education institutions and scientific research institutions that have been approved to undertake postgraduate education tasks, with the exception of provisions specifically applicable to higher education institutions.

11日起施行。 Article 69 This Law shall enter into force on January 1 , 1999.

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