scr888 online download:scr888,online,download,锘,The,3:锘?p>The 31st meeting of the Standing Committee of the Eighth National People's Congress on October 31, 1993 was adopted on October 31, 1993. The first chapter of the first chapter of the implementation of the first chapter of the first art
锘?p>The 31st meeting of the Standing Committee of the Eighth National People's Congress on October 31, 1993 was adopted on October 31, 1993. The first chapter of the first chapter of the implementation of the first chapter of the first article in order to protect the legitimate rights and interests of teachers, the construction of a team of teachers with good ideology and morality and professional quality, to promote the development of socialist education, the formulation of this law. Article 2 This Law applies to teachers who specialize in education and teaching at all levels of schools and other educational institutions.
Article 3 Teachers are professionals who perform their duties in education and teaching. They undertake the mission of educating and educating people, cultivating socialist builders and successors, and improving the quality of the nation. Teachers should be loyal to the education of the people. Article 4 The people's governments at all levels shall take measures to strengthen the ideological and political education and business training of teachers, improve the working conditions and living conditions of teachers, safeguard the legitimate rights and interests of teachers, and improve the social status of teachers. The whole society should respect teachers. Article 5 The administrative department of education under the State Council shall be in charge of the work of teachers throughout the country. The relevant departments of the State Council are responsible for the relevant teachers' work within their respective functions and powers.
Schools and other educational institutions conduct their own teacher management work in accordance with national regulations.
Article 6 Every September 10th is Teacher's Day.
Chapter 2 Rights and Obligations Article 7 Teachers shall enjoy the following rights: (1) Conduct educational and teaching activities, carry out education and teaching reforms and experiments; (2) Engage in scientific research, academic exchanges, participate in professional academic groups, and be academic (3) to guide students' learning and development, to assess students' conduct and academic performance; (4) to obtain wages on time, enjoy the state-defined welfare benefits and paid vacations during the winter and summer vacations; School education, management, management and education administration work to provide opinions and suggestions, participate in the democratic management of the school through the faculty congress or other forms; (6) participate in training or other forms of training.
Article 8 Teachers shall perform the following obligations: (1) Obey the Constitution, laws and professional ethics, and be a teacher; (2) Implement the state's educational policy, abide by the rules and regulations, implement the school's teaching plan, and fulfill the teacher's appointment, Completion of educational and teaching tasks; (3) Education and patriotism, national unity education, legal education, ideology and morality, culture, science and technology education for students to carry out basic principles as defined by the Constitution, organize and lead students to carry out useful social activities (4) caring for and caring for all students, respecting the personality of students, and promoting students' all-round development in terms of morality, intelligence, and physique; (5) Stopping acts harmful to students or other acts that infringe on the legitimate rights and interests of students, criticism and resistance are harmful to The phenomenon of healthy growth of students; (6) Constantly improve the level of ideological and political awareness and education and teaching.
Article 9 In order to ensure teachers complete the tasks of education and teaching, the people's governments at all levels, the education administrative departments, relevant departments, schools and other educational institutions shall perform the following duties: (1) Providing educational and teaching facilities and equipment in line with national safety 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) Supporting teachers to stop behaviors harmful to students or other Infringement of the lawful rights and interests of students.
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 morality, have the qualifications prescribed in this Law or pass the national teacher qualification examination, have the ability to teach and teach, and if they are qualified, they can obtain teacher qualifications.
Article 11 The corresponding academic qualifications for obtaining teacher qualifications are as follows: (1) To obtain the qualifications of kindergarten teachers, they should have graduated or above in normal children's normal schools; (2) to obtain the qualifications of primary school teachers, they should have graduated from secondary normal schools. (3) to obtain junior high school teachers, junior vocational school culture, professional class teacher qualifications, should have a higher normal college or other university graduates and above; (4) obtain high school teacher qualifications and secondary professional schools Qualifications for technical schools, vocational high school culture courses, and professional courses should be qualified for undergraduate or higher education in higher normal colleges or other universities; qualifications for secondary vocational schools, technical schools, and vocational high school students should be available. It shall be prescribed by the education administrative department of the State Council; (5) to obtain the qualifications of teachers in higher education institutions, it shall have graduate or postgraduate degree; (6) to obtain adult education teacher qualifications, it shall be in accordance with adult education.
Citizens who do not have a teacher qualification as defined in this Law must apply for the National Teacher Qualification Examination to apply for teacher qualifications.
The national teacher qualification examination system is prescribed by the State Council.
Article 12 If a teacher who has already taught in a school or other educational institution before the implementation of this Law does not have the qualifications prescribed in this Law, the State Council's education administrative department shall stipulate the transitional method for teacher qualification.
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 shall be determined by the relevant administrative departments of the education administrative departments of the local people's governments at or above the county level.
The qualifications of teachers in ordinary institutions of higher learning shall be recognized by the State Council or the education administrative department of the province, autonomous region or municipality directly under the Central Government or the school entrusted by it.
If a citizen who has the qualifications prescribed in this Law or who has passed the national teacher qualification examination requires the relevant department to determine his or her teacher qualification, the relevant department shall determine it according to the conditions stipulated in this Law.
When a person who has obtained teacher qualifications teaches for the first time, there should be a probationary period.
Article 14 Whoever is deprived of political rights or intentionally commits a criminal punishment of more than a fixed-term imprisonment shall not be qualified as a teacher; if he has obtained the qualification of a teacher, he or she shall lose the qualification of a teacher.
Article 15 Graduates of normal schools at all levels shall engage in education and teaching in accordance with relevant state regulations.
The state encourages non-teachers to go to primary or secondary schools or vocational schools.
Article 16 The State implements a system of teacher positions, and the specific measures are prescribed by the State Council.
Article 17 Schools and other educational institutions shall gradually implement a teacher appointment system.
The appointment of teachers should follow the principle of equality of status between the two parties. The school and the teacher sign the employment contract, clearly stipulating the rights, obligations and responsibilities of both parties.
The steps and methods for implementing the teacher appointment system shall be prescribed by the education administrative department of the State Council.
Chapter IV Training and Training Article 18 The people's governments at all levels and relevant departments shall do a good job in teacher education and take measures to encourage outstanding young people to enter the normal schools at all levels.
Teacher training schools at all levels undertake the task of training primary and secondary school teachers.
Non-teaching schools should undertake the task of cultivating and training primary and secondary school teachers.
Students at all levels of normal schools enjoy professional scholarships.
Article 19 The education administrative departments, school competent departments and schools of the people's governments at all levels shall formulate teacher training plans and conduct various forms of ideological, political and business training for teachers.
Article 20 State organs, enterprises and institutions and other social organizations shall provide convenience and assistance to teachers in social investigation and social practice.
Article 21 The people's governments at all levels shall take measures to train and train teachers for minority areas and remote and poverty-stricken areas.
Chapter 5 Assessment Article 22 Schools or other educational institutions shall assess the political thinking, business level, work attitude and performance of teachers.
The education administrative department 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 teachers themselves, other teachers and students.
Article 24 The results of teacher assessment are the basis for being employed to teach, promote salary, and implement rewards and punishments.
Chapter 6 Treatment Article 25 The average salary level of teachers shall not be lower than or higher than the average salary level of national civil servants, and shall be gradually increased.
To establish a normal promotion and salary increase system, the specific measures shall be prescribed by the State Council.
Article 26 Primary and secondary school teachers and vocational school teachers shall enjoy teaching-age allowances and other allowances. The specific measures shall be formulated by the education administrative department of the State Council in conjunction with relevant departments.
Article 27 Local people's governments at various levels shall provide subsidies to teachers and graduates with technical secondary education or above to engage in education and teaching in minority areas and remote and poverty-stricken areas.
Article 28 Local people's governments at all levels and relevant departments of the State Council shall give priority and preferential treatment to the construction, leasing and sale of urban teachers' housing.
The people's governments at the county and township levels should provide convenience for rural primary and secondary school teachers to solve their housing.
Article 29 The medical treatment of teachers is treated in the same way as the civil servants of the local state; physical health checks are regularly conducted on teachers, and teachers are arranged to recuperate according to local conditions.
Medical institutions should facilitate the medical care of local teachers.
Article 30 After retiring or retiring, a teacher shall enjoy the retirement or resignation treatment prescribed by the state.
Local people's governments at or above the county level can appropriately increase the pension ratio of retired teachers in primary and secondary schools who have long been engaged in education and teaching.
Article 31 The people's governments at all levels shall take measures to improve the treatment of primary and secondary school teachers who state subsidies and collectively pay wages, and gradually achieve equal pay for equal work with teachers paying wages in the state of wages. The people's government at the level is based on the actual conditions of the region.
Article 32 The treatment of teachers of schools run by social forces shall be determined and guaranteed by the organizers themselves.
Chapter VII Awards Article 33 Teachers who are outstanding in education, teaching, training, scientific research, teaching reform, school construction, social services, work-study, etc. shall be commended and rewarded by their schools.
The State Council and local people's governments at all levels and their relevant departments shall commend and reward teachers who have made outstanding contributions.
For teachers who have made significant contributions, honorary titles will be awarded in accordance with relevant state regulations.
Article 34 The State supports and encourages social organizations or individuals to donate funds to the fund organizations that are established according to law, and reward teachers.
Chapter VIII Legal Liabilities Article 35 Insulting or beating teachers shall be given administrative sanctions or administrative penalties according to different circumstances; if damage is caused, the compensation shall be ordered to compensate for the losses; if the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law. .
Article 36 Whoever retaliates against a teacher who lodges a complaint, accuses or reports according to law shall be ordered to make corrections by his or her unit or at a higher level; if the circumstances are serious, he may be given administrative sanctions according to the specific circumstances.
If a state staff member commits a crime against retaliation by a teacher, he shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law.
Article 37 If a teacher has one of the following circumstances, the school, other educational institution or the administrative department of education shall give administrative punishment or dismissal: (1) Deliberately failing to complete the task of education and teaching, causing losses to the education and teaching work; (2) corporal punishment of students, which are not changed through education; (3) Poor conduct, insulting students, and affecting the bad.
The teacher has one of the circumstances listed in items (2) and (3) of the preceding paragraph. If the circumstances are serious and constitute a crime, he shall be investigated for criminal responsibility according to law.
Article 38 If a local people's government violates the provisions of this Law and arrears the wages of teachers or infringes upon other legitimate rights and interests of teachers, it shall order it to make corrections within a time limit. Violation of the state's fiscal system, financial system, misappropriation of state finance for education, seriously impeding education and teaching, arrears of teachers' wages, and impairing the legitimate rights and interests of teachers, the higher authorities shall order the reimbursement of funds that have been misappropriated within a time limit, and give direct responsibility to personnel Administrative punishment; if the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law. Article 39 If a teacher is inconsistent with the lawful rights and interests of a school or other educational institution, or is dissatisfied with the treatment made by a school or other educational institution, he may appeal to the administrative department of education, and the administrative department of education shall receive a complaint. In the day, make a deal. If the teacher believes that the relevant administrative department of the local people's government violates its rights under the provisions of this Law, it may appeal to the people's government at the same level or the relevant departments of the people's government at the higher level. The relevant people's government at the same level or the relevant departments of the people's government at the next higher level shall make the case. deal with. Chapter IX Supplementary Provisions Article 40 The meanings of the following terms in this Law are: (1) Classes of schools at all levels refer to the implementation of pre-school education, general primary education, general secondary education, vocational education, general higher education, special education, and adults. Educational school. (2) Other educational institutions refer to the Children's Palace, local teaching and research sections, and electrified educational institutions. (3) Primary and secondary school teachers refer to teachers in kindergartens, special education institutions, ordinary primary and secondary schools, adult primary 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 educational and teaching assistants may refer to the relevant provisions of this Law according to actual conditions. The faculty and education and teaching assistants of the military-affiliated institutions shall be enacted by the Central Military Commission in accordance with this Law. Article 42 The methods for appointing foreign teachers shall be prescribed by the education administrative department of the State Council. Article 43 This Law shall come into force on January 1, 1994.
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