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

ication for admission as master's post graduate students.

　　Graduates of master's post graduate 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 qualification for admission as doctoral post graduate students.

　　It shall be permissible for university graduates of specific disciplines and specialties to directly obtain the qualification for admission as doctoral post graduate students. Specific measures shall be worked out by the department of education administration under the State Council.

　　Article 20 Students receiving higher curricula education shall be issued corresponding certificates of educational background or other certificates of studies by the institutions of higher learning or scientific research institutes approved to undertake the task of post graduate education they have been in on the basis of the length of schooling and achievements in studies in accordance with the relevant provisions of the state.

　　Students receiving non-curricula higher education shall be issued corresponding certificates of completion of studies by the institutions of higher learning or other institutions of higher education. Certificates of completion of studies should carry length of schooling and contents of studies.

　　Article 21 The state practises self-taught higher education examination system. Students having passed the examination shall be issued corresponding certificates of educational background or other certificates of studies.

　　Article 22 The state practises the academic degree system. The degrees are divided into the bachelor's degree, the master's degree and the doctor's degree.

　　Citizens whose educational level has reached the standards for degrees set by the state through receiving higher education or self-study may apply to degree-awarding units for corresponding degrees.

　　Article 23 Institutions of higher learning and other institu

tions of higher education should, in accordance with the requirements of society and their own conditions for running education, undertake the work of imparting continuing education.

　　Chapter III Establishment of Institutions of Higher Learning

　　Article 24 Establishment of an institution of higher learning should conform to the state higher education development planning, accord with state interests and public interest of society and must not take profitmaking as the object.

　　Article 25 The basic conditions prescribed by the Education Law should be met for the establishment of an institution of higher learning.

　　A university or an independently established college(school) should as well have strong teaching and scientific research staff, higher teaching and scientific research level and corresponding scale and be in a position to impart undergraduate and above-undergraduate education. A university must also have more than three departments of disciplines prescribed by the state as major disciplines. Specific standards for the establishment of institutions of higher learning shall be formulated by the State Council.

　　Specific standards for the establishment of other institutions of higher education shall be formulated by the departments concerned authorized by the State Council or people's governments of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principles prescribed by the State Council.

　　Article 26 Corresponding names should be used for the establishment of institutions of higher learning in accordance with their respective tiers, categories, departments of disciplines, scale, teaching and scientific research levels.

　　Article 27 Whoever applies for the establishment of an institution of higher learning should present the following materials to the organ of examination and approval:

　　(1)a report on the application for the establishment;

　　(2)materials on feasibility authentication;

　　(3)articles of association; and

　　(4)other materials the presentation of which is required by the organ of examination and approval pursuant to the provisions of this Law.

　　Article 28 Articles of association of an institution of higher learning should specify the following particulars:

　　(1)name and address of the institution;

　　(2)aims of establishment of the institution;

　　(3)scale of the institution;

　　(4)establishment of departments of disciplines;

　　(5)mode of education;

　　(6)internal administrative system;

　　(7)sources of funds, properties and financial rules;

　　(8)rights and obligations between the sponsor(s) and the institution;

　　(9)procedures for the revision of articles of association; and

　　(10)other matters that must be provided for by articles of association.

　　Article 29 Establishment of institutions of higher learning shall be subject to the examination and approval of the department of education administration under the State Council, among them establishment of institutions of higher learning imparting specialty education may be subject to the examination and approval of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government upon authorization by the State Council; establishment of other institutions of higher education shall be subject to the examination and approval of the departments concerned authorized by the State Council or people's governments of the provinces, autonomous regions and municipalities directly under the Central Government. The department of education administration under the State Council has the power to nullify the institutions of higher learning and other institutions of higher education the establishment of which have been examined and approved not conforming to the prescribed cond

itions.

　　Evaluation and reviewing institution consisting of specialists should be employed to conduct evaluation and review for the examination and approval of the establishment of institutions of higher learning.

　　Separation, amalgamation and termination of institutions of higher learning and other institutions of higher education, change in name and category and other important matters shall be subject to the examination and approval of the original examination and approval organ; revision of articles of association shall be submitted to the original examination and approval organ for verification and approval.

　　Chapter IV Organization and Activities of Institutions of Higher Learning

　　Article 30 An institution of higher learning obtains the qualification of a legal entity as of the date of approval for its establishment. The president of the institution of higher learning shall be the legal representative of the institution of higher learning.

　　An institution of higher learning has civil rights in accordance with law in civil activities and bears civil liability.

　　Article 31 Institutions of higher learning should carry out teaching, scientific research and social services centering round training talents to guarantee that educational and teaching quality reaches standards prescribed by the state.

　　Article 32 Institutions of higher learning work out schemes for admission and independently regulate the percentage of admission for departments and disciplines in accordance with the requirements and demand of society, conditions for running the institution and scale of the institution verified by the state.

　　Article 33 Institutions of higher learning independently set up and adjust disciplines and specialties.

　　Article 34 Institutions of higher learning independently work out teaching plans, select and compile textbooks and organize activities of imparting teaching in accordance with the requirements of teaching.

　　Article 35 Institutions of higher learning independently conduct scientific research, technological development and social services in the light of their own conditions.

　　The state encourages cooperation in diverse forms between institutions of higher learning and enterprises, institutions, societies and other social organizations in scientific research, technological development and extension.

　　The state supports those institutions of higher learning where conditions mature becoming state scientific research bases.

　　Article 36 Institutions of higher learning independently carry out scientific, technological and cultural exchanges and cooperation with foreign institutions of higher learning in accordance with the relevant provisions of the state.

　　Article 37 Institutions of higher learning independently decide on the setting up and personnel employment of such internal organizational structures as teaching, scientific research and administrative functional departments in the light of actual requirements and in accordance with the principle of streamlining and efficiency; assess the positions of teachers and other specialized technical personnel, adjust the allocation of subsidies and salary in accordance with the relevant provisions of the state.

　　Article 38 Institutions of higher learning independently administer and use the property provided by the sponsor(s), state financial subsidy and properties donated and granted in accordance with law.

　　Institutions of higher learning must not use the property for teaching and scientific research activities for oth

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