Chapter 1 General Provisions

Article 1: In order to protect the legitimate rights and interests of teachers, build a team of teachers with good ideological and moral cultivation and professional quality, and promote the development of socialist education, the following regulations are formulated This Act.

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

Article 3 Teachers are professionals who perform educational and teaching duties and are responsible for teaching and educating people, cultivating builders and successors of the socialist cause, and improving national quality. Teachers should be loyal to the people's education cause.

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

Article 5 The education administration department of the State Council is responsible for the work of teachers.

Relevant departments of the State Council are responsible for relevant teacher work within their respective scope of authority.

Schools and other educational institutions conduct teacher management independently in accordance with national regulations.

Article 6: Teachers’ Day is celebrated on September 10th every year.

Chapter 2 Rights and Obligations

Article 7 Teachers enjoy the following rights:

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

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

(3) Guide students’ learning and development, and evaluate students character and academic performance;

(4) Receive wages and remuneration on time, enjoy state-stipulated benefits and paid vacations during winter and summer vacations;

(5) Be responsible for school education and teaching, Put forward opinions and suggestions on management work and the work of the education administration department, and participate in the democratic management of the school through the Faculty Representative Conference or other forms;

(6) Participate in further education or other forms of training.

Article 8 Teachers shall fulfill the following obligations:

(1) Abide by the constitution, laws and professional ethics, and be a role model for others;

(2) Implement the national policies Educational policies, abide by rules and regulations, implement the school's teaching plan, fulfill teacher employment contracts, and complete education and teaching tasks;

(3) Educate students on the basic principles determined by the Constitution and patriotism, nationality Unity education, legal education, ideological and moral, cultural, scientific and technological education, organize and lead students to carry out useful social activities;

(4) Care for and care for all students, respect students’ personality, and promote students’ moral integrity

(5) Stop behaviors that are harmful to students or other behaviors that infringe on students’ legitimate rights and interests, and criticize and resist phenomena that are harmful to the healthy growth of students;

< p> (6) Continuously improve ideological and political awareness and education and teaching professional standards.

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

(1) Provide educational and teaching facilities and equipment that comply with national safety standards;

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

(3) Provide teachers with the necessary support in education and teaching, Encourage and help creative work in scientific research;

(4) Support teachers to stop behaviors that are harmful to students or other behaviors that infringe on students’ legitimate rights and interests.

Chapter 3 Qualifications and Appointment

Article 10 The state implements a teacher qualification system.

Chinese citizens who abide by the Constitution and laws, love education, have good ideological and moral character, have academic qualifications stipulated in this law or have passed the National Teacher Qualification Examination, have education and teaching ability, and are deemed qualified may Obtain teaching qualification.

Article 11 The corresponding academic qualifications required to obtain teacher qualifications are:

(1) To obtain kindergarten teacher qualifications, one must have a degree from a preschool normal school or above;

(2) To obtain the qualifications of a primary school teacher, one must have graduated from a secondary normal school or above;

(3) To obtain the qualifications of a junior middle school teacher, or a junior vocational school teacher of cultural and professional courses, one must have a higher education Graduates from a normal college or other universities or above;

(4) To obtain senior middle school teacher qualifications and secondary vocational school, technical school, vocational high school cultural courses, professional course teacher qualifications, one must have the qualifications of a higher normal college A bachelor's degree from a school or other university or above; the academic qualifications required to obtain the qualifications of an internship instructor for students in secondary vocational schools, technical schools and vocational high schools shall be stipulated by the education administration department of the State Council;

(5) Obtaining To be qualified as a teacher in a higher education institution, one must have a graduate degree or a bachelor's degree;

(6) To obtain the qualification as an adult education teacher, one must have a higher education or secondary school diploma or above according to the level and category of adult education. . Citizens who do not have the academic qualifications for teachers specified in this law must pass the National Teacher Qualification Examination when applying to obtain teacher qualifications. The national teacher qualification examination system is stipulated by the State Council.

Article 12 For teachers who have taught in schools or other educational institutions before the implementation of this law and do not have the academic qualifications stipulated in this law, the education administrative department of the State Council shall stipulate the transitional measures for teacher qualifications.

Article 13 The qualifications of primary and secondary school teachers shall be recognized by the education administrative departments of local people’s governments at or above the county level. The qualifications of teachers in secondary vocational schools and technical schools shall be recognized by the relevant competent departments organized by the education administrative departments of local people's governments at or above the county level. The qualifications of teachers in ordinary colleges and universities are recognized by the State Council or the education administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government, or schools entrusted by them. If citizens who have the academic qualifications stipulated in this law or have passed the national teacher qualification examination request relevant departments to identify their teaching qualifications, the relevant departments shall make the identification in accordance with the conditions stipulated in this law. When a person who has obtained teacher qualifications teaches for the first time, there should be a probation period.

Article 14 Those who have been deprived of political rights or who have committed intentional crimes and are subject to criminal penalties of fixed-term imprisonment or above cannot obtain teaching qualifications; those who have already obtained teaching qualifications will lose their teaching qualifications.

Article 15 Graduates of normal schools at all levels should engage in education and teaching in accordance with relevant national regulations. The state encourages graduates of non-normal colleges and universities to teach in primary and secondary schools or vocational schools.

Article 16 The state implements a teacher position system, and the specific measures are stipulated by the State Council.

Article 17 Schools and other educational institutions should gradually implement the teacher appointment system. The appointment of teachers should follow the principle of equal status of both parties. The school and the teacher should sign an employment contract, which clearly stipulates the rights, obligations and responsibilities of both parties. The steps and methods for implementing the teacher appointment system shall be prescribed by the education administration department of the State Council.

Chapter 4 Cultivation and Training

Article 18 People’s governments at all levels and relevant departments should run normal education well and take measures to encourage outstanding young people to enter normal schools at all levels. . Teacher training schools at all levels are responsible for training primary and secondary school teachers. Non-normal schools should be responsible for cultivating and training primary and secondary school teachers. Students from normal schools at all levels enjoy professional scholarships.

Article 19: Educational administrative departments of people’s governments at all levels, school authorities and schools should formulate teacher training plans and conduct various forms of ideological, political and professional training for teachers.

Article 20: State agencies, enterprises, institutions and other social organizations shall facilitate and assist teachers in their social investigations and social practices.

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

Chapter 5 Assessment

Article 22 Schools or other educational institutions shall assess teachers’ political ideology, professional level, work attitude and work performance. The education administration department provides guidance and supervision on teacher assessment work.

Article 23 Assessment should be objective, fair and accurate, and fully listen to the opinions of the teacher himself, other teachers and students.

Article 24 The results of teacher assessment are the basis for appointment to teach, salary promotion, and rewards and punishments.

Chapter 6 Salary

Article 25 The average salary level of teachers should not be lower than or higher than the average salary level of national civil servants, and should be gradually increased. Establish a normal promotion and salary increase system, and the specific measures will be stipulated 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 all levels shall provide subsidies to teachers and graduates with technical secondary education or above who engage in education and teaching in minority areas and remote and poor 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 find housing.

Article 29: Teachers enjoy the same medical treatment as local national civil servants; regular physical health examinations are conducted on teachers, and teachers are arranged for recuperation according to local conditions. Medical institutions should facilitate the medical treatment of local teachers.

Article 30 After teachers retire or retire, they shall enjoy the retirement or retirement benefits stipulated by the state. Local people's governments at or above the county level may appropriately increase the pension ratio for retired primary and secondary school teachers who have been engaged in education and teaching for a long time.

Article 31 People’s governments at all levels should take measures to improve the treatment of primary and secondary school teachers who are subsidized by the state and paid collectively, and gradually achieve equal pay for equal work with teachers paid by the state in terms of salary income. Specifically, Measures shall be formulated by local people's governments at all levels based on 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 7 Rewards

Article 33 Teachers who have outstanding achievements in education and teaching, talent training, scientific research, teaching reform, school construction, social services, work-study, etc. They will be commended and rewarded by their schools. The State Council, local people's governments at all levels and their relevant departments shall commend and reward teachers who have made outstanding contributions. Teachers who have made significant contributions will be awarded honorary titles in accordance with relevant national regulations.

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

Chapter 8 Legal Responsibilities

Article 35 Anyone who insults or beats teachers shall be given administrative sanctions or administrative penalties according to different circumstances; if damage is caused, he shall be ordered to compensate for the loss; If the circumstances are serious and constitute a crime, criminal responsibility will be pursued in accordance with the law.

Article 36 If retaliation is made against a teacher who files a complaint, accusation or report in accordance with the law, the unit or superior authority shall order him or her to make corrections; if the circumstances are serious, administrative sanctions may be imposed according to the specific circumstances. If state personnel retaliate against teachers, which constitutes a crime, they shall be held criminally responsible in accordance with Article 146 of the Criminal Law.

Article 37 If a teacher falls into any of the following circumstances, he or she shall be given administrative sanctions or dismissed by the school, other educational institutions or the education administrative department.

(1) Deliberately failing to complete education and teaching tasks, causing losses to education and teaching work;

(2) Punishing students corporally and not changing their ways after education;

(3) Those with bad conduct, insulting students, and having a bad influence.

If a teacher commits one of the circumstances listed in items (2) and (3) of the preceding paragraph, and the circumstances are serious enough to constitute a crime, he shall be held criminally responsible in accordance with the law.

Article 38 The local people's government shall order those who violate the provisions of this Law to make corrections within a time limit by defaulting on teachers' wages or infringing on other legitimate rights and interests of teachers. Anyone who violates the national financial system and financial system, misappropriates state funds for education, seriously hinders education and teaching, defaults on teachers' wages, and harms teachers' legitimate rights and interests, shall be ordered by the superior authority to return the misappropriated funds within a time limit, and shall impose sanctions on those directly responsible Administrative sanctions; if the circumstances are serious enough to constitute a crime, criminal liability will be pursued in accordance with the law.

Article 39 If a teacher infringes upon his or her legitimate rights and interests by a school or other educational institution, or is dissatisfied with the handling of a school or other educational institution, he or she may file a complaint with the education administrative department, which shall The complaint will be dealt with within thirty days of receiving it. If teachers believe that the relevant administrative departments of the local people's government have violated their rights under this law, they may lodge a complaint with the people's government at the same level or the relevant departments of the people's government at the next higher level, and the relevant departments of the people's government at the same level or the people's government at the next higher level shall make a decision. deal with.

Chapter 9 Supplementary Provisions

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

(1) Schools of all levels and types refer to the implementation of preschool Schools of 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, audio-visual education institutions, etc.

(3) Primary and secondary school teachers refer to teachers in kindergartens, special education institutions, ordinary primary and secondary schools, adult elementary and secondary education institutions, vocational middle schools and other educational institutions.

Article 41 Educational and teaching assistants in schools and other educational institutions, and teachers and education and teaching assistants in other types of schools may refer to the relevant provisions of this law according to the actual situation. The Central Military Commission shall formulate relevant regulations for teachers and education and teaching support personnel in military-affiliated colleges and universities in accordance with this law.

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

Article 43 This Law shall come into effect on January 1, 1994.