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中华人民共和国教育法(二)

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  Article 44 Administrations of education, physical education and health, schools and other educational institutions shall improve sports and healthcare facilities and protect the physical and mental health of students.

  Chapter VI Education and the Society

  Article 45 State organs, the army, enterprises, institutions, social associations and other social organizations and individuals shall create good social environment for the healthy growing-up of children, juveniles and young student.

  Article 46 The state shall encourage enterprises, institutions, social associations and other social organizations to cooperate by various ways with higher education schools, secondary vocational schools in teaching and learning, scientific research, technology development and dissemination.

  Enterprises, institutions, social associations and other social organizations and individuals may support the construction of schools and participate in management through proper forms.

  Article 47 State organs, the army, enterprises, institutions and other social organizations shall render assistance and convenience for student to practise and conduct social practical activities organized by the school.

  Article 48 Schools and other educational institutions shall take an active part in local public welfare activities under the precondition that normal educational and teaching/learning activities are not affected.

  Article 49 Parents or guardians of minor children shall provide their under age sons and daughters or children under the guardianship with necessary conditions for their education.

  Parents or guardians of minor children shall collaborate with the school or the other educational institution on the education of their sons and daughters or children under guardianship.

  Schools and teachers may provide parents of students with advice.

  Article 50 Students shall enjoy preferential treatment as to public cultural and sport facilities such as libraries, museums, science and technology centres, cultural centres, art galleries, gymnasiums and stadiums, historical or cultural spots and revolutionary commemoration halls or places so that education receivers can be offered convenience for education.

  Radio and TV station shall design education programmes and promote the improvement of students in aspects of ideology, morale, cultural and scientific capacity.

  Article 51 The state and the society shall establish out-of-school education facilities for minor children.

  Schools and other educational institutions shall collaborate with autonomous grass roots mass organizations, enterprises, institutions and social associations to strengthen out-of-school education of minor children.

  Article 52 The state shall encourage social associations, social cultural institutions, other social organizations and individuals to conduct social cultural activities of education that are beneficial to the physical and mental health of education receivers.

  Chapter VII Education Investment and Safeguards of Conditions

  Article 53 The state shall establish a mechanism based mainly on financial allocation and supplemented with various approaches to raising educational funds, gradually enlarge investment in education and ensure stable sources of educational funds for state run schools.

  Schools and other educational institutions established under the sponsorship of enterprises, institutions, social associations, other social organizations and individuals according to law shall have the school funds raised by the sponsors. The people's governments at different levels may render proper support.

  Article 54 The proportion of the state educational investment by way of financial allocation to the volume of general national products shall gradually increase along with the growth of national economy and financial income. The executive steps for the proportion increase shall be determined by the State Council.

  The proportion of educational appropriations to the total volume of financial expenditures at different levels of the whole state shall increase step by step with the growth of the national economy.

  Article 55 Educational appropriations of the people's governments at different levels shall be listed as a separate item of the financial budget according to the principle of consistency of business power and financial power.

  The increase of financial allocation to education by the people's government at different levels shall be higher than the growth of frequent income of the finance. The people's government shall make the average per capita education appropriation for all students in the school increase progressively and ensure that the teacher's salary and the per capita public fund for students grow gradually.

  Article 56 The State Council and the local people's government at different levels shall establish specific fund for education and lay special stress on supporting compulsory education in remote border areas and poverty-stricken areas and minority nationality regions.

  Article 57 Taxation agencies shall fully collect the added education fee, which shall be controlled by the educational administrations and used mainly in enforcement of compulsory education.

  The people's government of province, autonomous region and municipality directly under the central government may decide on the levy of added local education fee for specific use of education.

  The collection of the added education fee in the countryside within the overall finance of townships shall be organized by the people's government of the township. The fee shall be managed on behalf of the township people's government by the education administrative department of the people's government at the county level or by the people's government of the township itself and shall be used for the educational undertakings at the two levels of township and village within the jurisdiction of the township. The accurate proportion of the levy of added education fee in the countryside to the overall finance of the township and the concrete management thereof shall be regulated by the people's government of province, autonomous region and municipality directly under the central government.

  Article 58 The state shall adopt preferential measures to encourage and support schools to develop work-and-study programme, conduct social services and establish campus workshops on the precondition that the normal education and teaching/learning activities are not affected.

  Article 59 Subject to the approval of the people's government at the county level the people's government at the level of township or minority nationality township may in light of the principle of voluntary and capacity consideration collect funds to run school within its own jurisdiction, using the funds so collected in reconstruction or repair of dangerous houses in the purpose of enforcement of compulsory education or construct new school houses. The funds may not be used for any other purpose.

  Article 60 The state shall encourage social organizations and individuals to donate money for schools.

  Article 61 The financial allocation of education funds of the state and donations of social organizations or individuals shall be used in education only and may not be diverted for other purposes or deducted.

  Article 62 The state shall encourage the use of banking and credit measures to support the development of educational undertakings.

  Article 63 The people's government at different levels and education administrative department shall strengthen supervision and management of educational capitals of schools and other educational institutions and raise the education investment efficiency.

  Article 64 The local people's government at different levels and relevant administrative departments thereof shall include the capital construction of schools in the construction planning of the cities and townships, take into consideration the use of land for capital construction of schools and necessary goods and materials and make arrangements accordingly, and shall carry out priority or preferential policies according to related state regulations.

  Article 65 The people's government at different levels shall carry out priority or preferential policies according to corresponding state regulations in respect to the publication and distribution of textbooks and other books or materials for the purpose of teaching and learning, to the production and supply of instruments and equipment for teaching and learning, and to the import of books, materials, instruments and equipment for the purpose of school education or of teaching and learning.

  Article 66 The people's government at and above the county level shall develop education through satellite television and other modern advanced approaches to teaching and learning, which shall enjoy preferential arrangement and sustaining support of administrative departments.

  The state shall encourage extended application of modern teaching and learning methods.

  Chapter VIII External Exchange and Cooperation

  Article 67 The state shall encourage external exchange and cooperation of education.

  External exchange and cooperation of education shall firmly accord to the principles of maintaining independence, keeping initiative in our own hands, equality, mutual benefits and respect and may not run counter to Chinese laws or imperil the state sovereignty, safety or public interests of the society.

  Article 68 Chinese citizens within the territory of China who intend to go abroad for purpose of learning, research, academic exchange or teaching shall go through procedures prescribed by the state.

  Article 69 Individual persons out of the Chinese territory may, subject to conditions stipulated by the state and after completion of corresponding formalities, enter China and go to Chinese schools or other educational institutions for the purpose of learning, research, academic exchange or teaching. Their legitimate rights and interests shall be protected by the state.

  Article 70 Recognition by China of academic degree credentials and schooling credentials awarded by educational institutions out of the territory of China shall be realized subject to international conventions concluded or conceded to by the People's Republic of China or corresponding regulations of the state.

  Chapter IX Legal Liabilities

  Article 71 In case of failure to examine and allocate educational appropriations based on budget in violation of relevant state regulations, the people's government at the same level shall see to it that the appropriations shall be allocated after examination within a limited period of time. If the violation is a serious case, the persons-in-charge held in direct responsibility and other persons directly responsible for the violation shall be punished by disciplinary sanctions according to statutes.

  In case of diversion or deduction of educational capitals in violation of the state financial regulations or accounting procedures, the authority at higher level shall order a replacement of the capitals diverted for other uses or deducted within a limited period of time and shall impose disciplinary sanctions upon those persons-in-charge held in direct responsibility and those directly responsible for the offence. If a crime is constituted, the criminal liabilities therein shall be investigated into according to law.

  Article 72 In case some people gather a crowd to engage in an affray, mob, make troubles to the extent of disturbing the educational or teaching/learning order of schools or other educational institutions or damaging houses, grounds or other property thereof, the public security organ shall impose administrative penalties for public security. If a crime is constituted, the criminal liabilities shall be investigated into according to law.

  Those who have encroached upon houses, grounds other property of schools or other educational institutions shall bear corresponding civil liabilities.

  Article 73 In case of failure to adopt measures upon precise knowledge of dangers with school houses or other educational or teaching/learning facilities to the result of personnel casualties and serious loss of property, the criminal liabilities of those persons-in-charge held in direct responsibility and other persons directly responsible for the damages shall be investigated into according to law.

  Article 74 In case of solicitation of funds from schools or other educational institutions in violation of relevant state regulations, the government shall order a replacement of the funds solicited and shall impose disciplinary sanctions upon the persons-in-charge who are held in direct responsibility and other persons directly responsible for the violation.

  Article 75 In case of establishment of schools or other educational institutions in violation of relevant state regulations, the education administrative department shall dissolve those schools or institutions so established, confiscate any illegal gains therefrom if there is any and impose disciplinary sanctions according to law upon those persons directly in charge of the matter or other persons directly responsible for the violation.

  Article 76 In case of recruitment of students in violation of relevant state regulations, the education administrative department shall order a return of those students and a refund of any fees collected and shall impose disciplinary sanctions upon those persons directly in charge of the matter or other persons directly responsible for the violation according to law.

  Article 77 In case of malpractice of favourism or fraudulence in enrollment of students, the education administrative department shall order a return of those students so enrolled, shall impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the malpractice according to law and, where a crime is constituted, investigate into the criminal liabilities.

  Article 78 In case of solicitation of fees from education receivers in violation of relevant state regulations by schools or other educational institutions, the education administrative department shall order a return of those fees so solicited and shall impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the misconduct according to law.

  Article 79 In case of malpractice in national education examinations, the education administrative department shall declare such examinations invalid and impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the malpractice according to law.

  In case of illegal conduction of national education examinations, the education administrative department shall declare such examinations invalid, confiscate any illegal gains where such gains exist and impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the offence according to law.

  Article 80 In case of awarding of academic degree credentials or schooling credentials in violation of the present Law, the education administrative department shall declare the credentials so awarded invalid, order a revoke or confiscation of those credentials, confiscate any illegal gains when such gains exist and disqualify the violator from awarding such credentials where the violation is serious.

  Article 81 In case of infringement upon the legitimate rights and interests of teachers, education receivers, schools or other educational institutions in violation of the present Law to the extent of any loss or damage, the civil liabilities therefor shall be investigated into.

  Chapter X Supplementary Provisions

  Article 82 Regulations governing education of military schools shall be formulated by the Central Military Commission according to principles of the present Law.

  Regulations governing education of religious schools shall be formulated separately by the State Council.

  Article 83 Procedures regarding operation or joint operation of schools within the territory of China by organizations or individuals out of the territory of China shall be formulated by the State Council.

  Article 84 The present Law shall come into effect as of September 1, 1995.

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