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中华人民共和国高等教育法 Higher Education Law of the Peoples Republic of China

2009-03-24 法律英语 来源:互联网 作者:

(Adopted at the 4th Meeting of the Standing Committee of the 9th National People's Congress on August 29, 1998 and promulgated by Order No. 7 of the President of the People's Republic of China on August 29, 1998)
颁布日期:19980829  实施日期:19990101  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Basic System of Higher Education

  Chapter III Establishment of Institutions of Higher Learning

  Chapter IV Organization and Activities of Institutions of Higher Learning

  Chapter V Teachers and Other Educational Workers of Institutions of Higher Learning

  Chapter VI Students of Institutions of Higher Learning

  Chapter VII Guarantee for Input and Conditions of Higher Education

  Chapter VIII Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is enacted in accordance with the Constitution and the Education Law for the purposes of developing the cause of higher education, implementary the strategy of reinvigorating the country through science and education and promoting the building of socialist material civilization and spiritual civilization.

  Article 2 This Law shall be applicable to engagement in activities of higher education within the territory of the People's Republic of China.

  Higher education referred to in this Law means education imparted on the basis of completion of senior secondary school education.

  Article 3 The state adheres to the development of the cause of socialist higher education with Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping's Theory as guidance following the basic principles defined by the Constitution.

  Article 4 Higher education must implement the educational policy of the state, serve socialist modernization, integrate itself with production and labor to train those educated to be builders and successors of the socialist cause with all-round development of morality, intelligence and physique.

  Article 5 The task of higher education is to train senior specialized talents with innovative spirit and practical capability, develop science, technology and culture and promote socialist modernization.

  Article 6 The state formulates higher education development planning, establishes institutions of higher learning and adopts various forms to actively develop the cause of higher education in accordance with the requirements of economic construction and social development.

  The state encourages such social forces as enterprises, institutions, societies and other social organizations and citizens in the establishment of institutions of higher learning, participation in and rendering support for the reform and development of the cause of higher education in accordance with law.

  Article 7 The state presses ahead the reform of the higher education system and the reform of higher education teaching, optimizes the structure of and resources allocation for higher education, improve the quality and performance of higher education in the light of the actual conditions of different types and different tiers of institutions of higher learning and in accordance with the requirements of socialist modernization and development of the socialist market economy.

  Article 8 The state assists and supports minority nationality regions in the development of the cause of higher education and training of senior specialized talents for minority nationalities in the light of the characteristics and requirements of minority nationalities.

  Article 9 Citizens have the right to higher education according to law.

  The state adopts measures to assist students of minority nationalities and students with financial difficulties to receive higher education.

  Institutions of higher learning must admit disabled students who meet the admission standards set by the state and mus

t not refuse to admit them for their disabilities.

  Article 10 The state safeguards the freedom of scientific research, literary and artistic creations and other cultural activities in institutions of higher learning according to law.

  Scientific research, literary and artistic creations and other cultural activities in institutions of higher learning should abide by law.

  Article 11 Institutions of higher learning should be geared to the needs of society, run independently and practise democratic management in accordance with law.

  Article 12 The state encourages cooperation among institutions of higher learning, between institutions of higher learning and scientific research institutes as well as enterprises and institutions to be mutually supplementary with each's own advantages and improve the performance in the employment of educational resources.

  The state encourages and supports international exchanges and cooperation for the cause of higher education.

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

  People's governments of the provinces, autonomous regions and municipalities directly under the Central Government coordinate with unified planning the cause of higher education within their respective administrative areas, administer the training of talents mainly for the localities and institutions of higher learning the administration of which have been authorized by the State Council.

  Article 14 The department of education administration under the State Council shall take charge of the work of higher education nationwide, administer the institutions of higher learning that mainly train talents for the whole country determined by the State Council. Other departments concerned under the State Council shall be responsible for the related work of higher education within the scope of responsibilities prescribed by the State Council.

  Chapter II Basic System of Higher Education

  Article 15 Higher education consists of curricula education and non-curricula education.

  Higher education adopts the educational forms of full-time system and non-full-time system.

  The state supports the adoption of broadcast, television, correspondence and other modes of distance education to impart higher education.

  Article 16 Higher curricula education is divided into specialty education, undergraduate education and post graduate education.

  Higher curricula education should meet the following standards for school work:

  (1)specialty education should enable students to master the basic theory and basic knowledge essential for the respective specialty and acquire the basic skills and initial capability for the practical work of the respective specialty;

  (2)undergraduate education should enable students to systematically master the basic theory and basic knowledge necessary for the respective discipline and specialty, master the basic skills, techniques and related knowhow necessary for the respective specialty and acquire initial capability for the practical work and research work of the respective specialty; and

  (3)master's post graduate education should enable students to master firm basic theory of the respective discipline, systematic specialty knowledge, master corresponding skills, techniques and related knowhow, and acquire capabilities for the practical work and scientific research work of the respective specialty. Doctoral post graduate education should enable students to master firm and broad basic theory, systematic and in-depth specialty knowledge and corresponding skills and techniques, and acquire capabilities for independent creative scientific research work and practical work of the respective discipline.

  Article 17 The basic length of schooling for specialty education shall be two to three years, the basic leng

th of schooling for undergraduate education shall be four to five years, the basic length of schooling for master's post graduate education shall be two to three years and the basic length of schooling for doctoral post graduate education shall be three to four years. The length of schooling for non-full-time higher curricula education should be adequately extended. Institutions of higher learning may adjust the length of schooling of the respective schools in the light of actual requirements subject to the approval of the competent department of education administration.

  Article 18 Higher education shall be imparted by institutions of higher learning and other institutions of higher education.

  Universities and independently established colleges(schools) mainly impart undergraduate and post graduate education. Higher specialty institutions impart specialty education. Scientific research institutes may, subject to the approval of the department of education administration under the State Council, undertake the task of post graduate education.

  Other institutions of higher education impart non-curricula higher education.

  Article 19 Graduates of senior secondary school education or those with equivalent educational level shall, upon passing the examination, be admitted by institutions of higher learning imparting corresponding curricula education, and obtain the qualification for admission as specialty students or undergraduate students.

  Graduates of undergraduate course or those with equivalent educational level shall, upon passing the examination, be admitted by institutions of higher learning imparting corresponding curricula education or scientific research institutes approved to undertake the task of post graduate education and obtain the qualif

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