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Compulsory Education Law of the People's Republic of China [Revised]
中華人民共和國義務教育法 [已被修訂]
【法寶引證碼】
 
  

  

Order of the President of the People's Republic of China
(No.38)
The Compulsory Education Law of the People's Republic of China, as adopted at the Fourth Session of the Sixth National People's Congress on April 12, 1986, is hereby issued and shall come into force as of July 1, 1986.
President of the People's Republic of China, Li Xiannian
April 12, 1986
Compulsory Education Law of the People's Republic of China
(Adopted at the Fourth Session of the Sixth National People's Congress on April 12, 1986)
 

中華人民共和國主席令
(第三十八號)
《中華人民共和國義務教育法》已由中華人民共和國第六屆全國人民代表大會第四次會議于一九八六年四月十二日通過,現予公布,自一九八六年七月一日起施行。
中華人民共和國主席 李先念
一九八六年四月十二日
中華人民共和國義務教育法
(一九八六年四月十二日第六屆全國人民代表大會第四次會議通過)

Article 1. This Law is formulated, in accordance with the Constitution and the actual conditions in China, for the purpose of promoting elementary education and the building of a socialist society that is advanced culturally and ideologically as well as materially.
   第一條 為了發展基礎教育,促進社會主義物質文明和精神文明建設,根據憲法和我國實際情況,制定本法。
Article 2. The state shall institute a system of nine-year compulsory education. The authorities of provinces,autonomous regions, and municipalities directly under the Central Government shall decide on measures to promote compulsory education, in accordance with the degree of economic and cultural development in their own localities.
   第二條 國家實行九年制義務教育。省、自治區、直轄市根據本地區的經濟、文化發展狀況,確定推行義務教育的步驟。
Article 3. In compulsory education, the state policy on education must be implemented to improve the quality of instruction and enable children and adolescents to achieve all-round development-- morally, intellectually and physically -- so as to lay the foundation for improving the qualities of the entire nation and for cultivating well-educated and self-disciplined builders of socialism with high ideals and moral integrity.
   第三條 義務教育必須貫徹國家的教育方針,努力提高教育質量,使兒童、少年在品德、智力、體質等方面全面發展,為提高全民族的素質,培養有理想、有道德、有文化、有紀律的社會主義建設人才奠定基礎。
Article 4. The state, the community, schools and families shall, in accordance with the law, safeguard the right to compulsory education of school-age children and adolescents.
   第四條 國家、社會、學校和家庭依法保障適齡兒童、少年接受義務教育的權利。
Article 5. All children who have reached the age of six shall enroll in school and receive compulsory education for the prescribed number of years, regardless of sex, nationality or race. In areas where that is not possible, the beginning of schooling may be postponed to the age of seven.
   第五條 凡年滿六周歲的兒童,不分性別、民族、種族,應當入學接受規定年限的義務教育。條件不具備的地區,可以推遲到七周歲入學。
Article 6. Schools shall promote the use of Putonghua (common speech based on Beijing pronunciation), which is in common use throughout the nation.
Schools in which the majority of students are of minority nationalities may use the spoken and written languages of those nationalities in instruction.
   第六條 學校應當推廣使用全國通用的普通話。
招收少數民族學生為主的學校,可以用少數民族通用的語言文字教學。
Article 7. Compulsory education shall be divided into two stages: primary school education and junior middle school education.Once primary education has been made universal, junior middle school education shall follow. The department in charge of education under the State Council shall decide on the duration of each stage.
   第七條 義務教育可以分為初等教育和初級中等教育兩個階段。在普及初等教育的基礎上普及初級中等教育。初等教育和初級中等教育的學制,由國務院教育主管部門制定。
Article 8. Under the leadership of the State Council, local authorities shall assume responsibility for compulsory education,and it shall be administered at different levels.
The department in charge of education under the State Council shall, in accordance with the needs of the socialist modernization and with the physical and mental development of children and adolescents, decide on the teaching methods, the courses to be offered and their content, and the selection of textbooks for compulsory education.
   第八條 義務教育事業,在國務院領導下,實行地方負責,分級管理。
國務院教育主管部門應當根據社會主義現代化建設的需要和兒童、少年身心發展的狀況,確定義務教育的教學制度、教學內容、課程設置,審訂教科書。
Article 9. Local people's governments at various levels shall establish primary schools and junior middle schools at such locations that children and adolescents can attend schools near their homes.
Local people's governments shall establish special schools (or classes) for children and adolescents who are blind, deaf-mute or retarded.
The state shall encourage enterprises, institutions and other segments of society to establish schools of the types prescribed by this Law, under unified administration by local people's governments and in compliance with the basic requirements of the state.
Appropriate facilities for compulsory education must be included in the plans for construction and development of both urban and rural areas.
   第九條 地方各級人民政府應當合理設置小學、 初級中等學校, 使兒童、少年就近入學。
地方各級人民政府為盲、聾啞和弱智的兒童、少年舉辦特殊教育學校(班)。
國家鼓勵企業、事業單位和其他社會力量,在當地人民政府統一管理下,按照國家規定的基本要求,舉辦本法規定的各類學校。
城市和農村建設發展規劃必須包括相應的義務教育設施。
Article 10. The state shall not charge tuition for students receiving compulsory education.
The state shall establish a system of grants-in-aid to support the school attendance of poor students.
   第十條 國家對接受義務教育的學生免收學費。
國家設立助學金,幫助貧困學生就學。
Article 11. When children have reached school age, their parents or guardians shall send them to school to receive compulsory education for the prescribed number of years.
If, on account of illness or other special circumstances,school-age children or adolescents need to postpone enrollment or be exempted from schooling, their parents or guardians shall submit an application to that effect to the local people's government for approval.
No organization or individual shall employ school-age children or adolescents who should receive compulsory education.
   第十一條 父母或者其他監護人必須使適齡的子女或者被監護人按時入學,接受規定年限的義務教育。
適齡兒童、少年因疾病或者特殊情況,需要延緩入學或者免予入學的,由兒童、少年的父母或者其他監護人提出申請,經當地人民政府批准。
禁止任何組織或者個人招用應該接受義務教育的適齡兒童、少年就業。
Article 12. The State Council and the local people's governments at various levels shall be responsible for raising funds for the operating expenses and capital construction investment needed for the implementation of compulsory education, and the funds must be fully guaranteed.
State appropriations for compulsory education shall increase at a faster rate than regular state revenues, and the average expenditure on education per student shall also increase steadily.
In accordance with the provisions of the State Council, the local people's governments at various levels shall levy a surtax for education, which shall be used mainly for compulsory education.
The state shall subsidize those areas that are unable to introduce compulsory education because of financial difficulties.
The state shall encourage individuals and all segments of society to make donations to help develop education.
The state shall assist areas inhabited by minority nationalities to implement compulsory education by providing them with teachers and funds.
   第十二條 實施義務教育所需事業費和基本建設投資,由國務院和地方各級人民政府負責籌措,予以保證。
國家用于義務教育的財政撥款的增長比例,應當高于財政經常性收入的增長比例,並使按在校學生人數平均的教育費用逐步增長。
地方各級人民政府按照國務院的規定,在城鄉征收教育事業費附加,主要用于實施義務教育。
國家對經濟困難地區實施義務教育的經費,予以補助。
國家鼓勵各種社會力量以及個人自願捐資助學。
國家在師資、財政等方面,幫助少數民族地區實施義務教育。
Article 13. The state shall take measures to strengthen and develop normal schools and colleges in order to accelerate the training of teachers, so as to ensure, in a planned way, that all primary school teachers have received at least secondary normal school education and that all junior middle school teachers have received at least higher normal school education.
The state shall establish a system to test the qualifications of teachers and shall issue qualification certificates to those who pass the test.
All graduates of normal schools and colleges must engage in educational work, as required by the relevant regulations. The state shall encourage teachers to make education their long-term career.
   第十三條 國家采取措施加強和發展師範教育,加速培養、培訓師資,有計劃地實現小學教師具有中等師範學校畢業以上水平,初級中等學校的教師具有高等師範專科學校畢業以上水平。
國家建立教師資格考核制度,對合格教師頒發資格證書。
師範院校畢業生必須按照規定從事教育工作。國家鼓勵教師長期從事教育事業。
Article 14. Teachers should be respected by the public. The state shall safeguard the teachers' lawful rights and interests, and take measures to raise their social status and improve their material benefits. It shall reward outstanding educational workers.
Teachers should be committed to the cause of socialist education,endeavour to raise their own ideological and cultural levels as well as professional competence, show concern for their students and be devoted to their duties.
   第十四條 全社會應當尊重教師。國家保障教師的合法權益,采取措施提高教師的社會地位,改善教師的物質待遇,對優秀的教育工作者給予獎勵。
教師應當熱愛社會主義教育事業,努力提高自己的思想、文化、業務水平,愛護學生,忠于職責。
Article 15. The local people's governments at various levels must create conditions for all school-age children and adolescents to enrol in schools and receive compulsory education.In cases where school-age children or adolescents do not enroll school and receive compulsory education, with the exception of those who, on account of illness or other special circumstances, are allowed by the local people's governments not to go to school, the local people's governments shall admonish and criticize the parents or guardians of those children or adolescents, and adopt effective measures to order them to send the children or wards to school.
In cases where organizations or individuals employ school-age children or adolescents for work, the local people's governments shall admonish and criticize them and shall order them to stop such employment. In serious cases, the offenders may be fined,ordered to suspend their business operations or have their business licenses revoked.
   第十五條 地方各級人民政府必須創造條件,使適齡兒童、少年入學接受義務教育。除因疾病或者特殊情況,經當地人民政府批准的以外,適齡兒童、少年不入學接受義務教育的,由當地人民政府對他的父母或者其他監護人批評教育,並采取有效措施責令送子女或者被監護人入學。
對招用適齡兒童、少年就業的組織或者個人,由當地人民政府給予批評教育,責令停止招用;情節嚴重的,可以並處罰款、責令停止營業或者吊銷營業執照。
Article 16. No organization or individual may appropriate,withhold or misuse funds earmarked for compulsory education, disrupt order in education, or occupy or damage school buildings, grounds or facilities.
It shall be forbidden to insult or assault teachers. It shall be forbidden to inflict physical punishment on students.
No one may make use of religion to engage in activities which interfere with the implementation of compulsory education.
Persons who violate the provisions of the preceding two paragraphs shall be subject to administrative sanctions or penalties depending on the circumstances. In case damages are caused, the offender shall be ordered to make compensation.If the circumstances are serious and a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
   第十六條 任何組織或者個人不得侵占、克扣、挪用義務教育經費,不得擾亂教學秩序,不得侵占、破壞學校的場地、房屋和設備。
禁止侮辱、毆打教師,禁止體罰學生。
不得利用宗教進行妨礙義務教育實施的活動。
對違反第一款、第二款規定的,根據不同情況,分別給予行政處分,行政處罰;造成損失的,責令賠償損失;情節嚴重構成犯罪的,依法追究刑事責任。
Article 17. The department in charge of education under the State Council shall, in accordance with this Law, formulate rules for its implementation, which shall come into force after being submitted to and approved by the State Council,
The standing committees of the people's congresses of provinces,autonomous regions, and municipalities directly under the Central Government may formulate specific measures for implementation in accordance with this Law and their local conditions.
   第十七條 國務院教育主管部門根據本法制定實施細則,報國務院批准後施行。
省、自治區、直轄市人民代表大會常務委員會可以根據本法,結合本地區的實際,制定具體實施辦法。
Article 18. This law shall go into effect as of July 1, 1986.

   第十八條 本法自一九八六年七月一日起施行。

     
     
【法寶引證碼】        北大法寶www.lawinfochina.com
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