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

er purposes.

　　Article 39 The state-run institutions of higher learning practise the president responsibility system under the leadership of the grass-roots committees of the Chinese Communist Party in institutions of higher learning. In accordance with the Constitution of the Chinese Communist Party, the grass-roots c

ommittees of the Chinese Communist Party in institutions of higher learning exercise unified leadership over school work and support the presidents in independently and responsibly discharging their duties, their responsibilities of leadership are mainly as follows: to implement the line and policies of the Chinese Communist Party, adhere to the socialist orientation of running the institutions, exercise leadership over ideological and political work and work related to morality in the institutions, hold discussions and take decisions on the set-up of internal organizational structures and candidates for the persons-in-charge of internal organizational structures, hold discussions and take decisions on such major matters as the reform, development and basic administrative rules of the institutions to ensure the completion of various tasks centered round training of talents.

　　Internal management system of institutions of higher learning run by social forces shall be determined in accordance with the provision of the state concerning running of schools by social forces.

　　Article 40 Presidency of institutions of higher learning shall be taken up by citizens conforming to the qualifications for the office prescribed by the Education Law. Appointment and relief from duties of presidents and vice presidents of institutions of higher learning shall be made pursuant to the relevant provisions of the state.

　　Article 41 The president of an institution of higher learning shall be fully responsible for the teaching, scientific research and other administrative work of the respective institution and exercise the following duties and powers:

　　(1)to draft development planning, formulate specific rules and regulations and annual work plan and organize their implementation;

　　(2)to organize teaching activities, scientific research and ideological and moral education;

　　(3)to draft schemes for the setting up of internal organizations, recommend candidates for vice presidency, appoint and relieve persons-in charge of internal organizations;

　　(4)to employ and dismiss teachers and other internal workers, administer students' school roll and give rewards or impose penalties;

　　(5)to draft and implement annual fund budget proposal, protect and manage school properties and safeguard the legitimate rights and interests of the school; and

　　(6)other duties and powers provided for in the articles of association.

　　The president of an institution of higher learning chairs the president's administrative meeting or the institution's administrative meeting and handles the relevant matters prescribed in the preceding paragraph.

　　Article 42 An institution of higher learning establishes an academic committee for the review of such relevant academic matters as setting up of disciplines and specialties, proposals of teaching plan and scientific research plan, and evaluate achievements in teaching and scientific research.

　　Article 43 Institutions of higher learning guarantee the participation of teaching and administrative staff in democratic management and supervision and safeguard the legitimate rights and interests of teaching and administrative staff in accordance with law in the organizational form of the conference of representatives of teaching and administrative staff with teachers as the main body.

　　Article 44 Levels of running a school and educational quality of institutions of higher learning shall be subject to the supervision of departments of education administration and the evaluation organized by them.

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

　　Article 45 Teachers and other educational workers of institutions of higher learning have the rights prescribed by law, fulfil the obligations prescribed by law and shall be faithful to the educational cause of the people.

　　Arti

cle 46 Institutions of higher learning practise the teachers' qualification system. Chinese citizens who abide by the Constitution and laws, ardently love the educational cause, have good ideology and moral character, have an educational background of graduation of post graduate course or graduates of regular college course and have corresponding educational and teaching capabilities may, upon confirmation of being qualified, acquire the qualification of teachers of institutions of higher learning. Those citizens without the educational background of graduation of post graduate course or graduates of regular college course who have acquired a specialty from study and passed the state examination for teachers' qualification may also, upon confirmation of being qualified, acquire the qualification of teachers of institutions of higher learning.

　　Article 47 Institutions of higher learning practise the teachers' position system. Teachers' positions of institutions of higher learning shall be set up in accordance with the requirements of the tasks in teaching, scientific research undertaken by the institutions. Teachers' positions include assistant, lecturer, associate professor and professor.

　　Teachers of institutions of higher learning should meet the following basic conditions for acquiring the positions prescribed in the preceding paragraph:

　　(1)one who has acquired the teacher's qualification for an institution of higher learning;

　　(2)one who has a systematic mastery of the basic theory of the respective discipline;

　　(3)one who has the educational and teaching capability and scientific research capability of the corresponding position; and

　　(4)one who undertakes the courses and teaching task of prescribed periods of the corresponding position.

　　Professors and associate professors should, in addition to having the above basic conditions for taking up the position, also have systematic and firm basic theory of the respective discipline and rich experiences in teaching and scientific research, with remarkable achievements in teaching, theses and works reaching high level or has outstanding achievements in teaching and scientific research.

　　Specific conditions for taking up positions for the positions of teachers of institutions of higher learning shall be prescribed by the State Council.

　　Article 48 Institutions of higher learning practise the teachers' employment system. Teachers who have the qualification for taking up the position upon evaluation shall be employed by institutions of higher learning in accordance with the responsibilities, conditions and terms of office of teachers' positions.

　　Employment of teachers of institutions of higher learning should abide by the principle of mutual equality and voluntarism, and an employment contract shall be signed by the president of an institution of higher learning and the teacher who accepts the employment.

　　Article 49 Institutions of higher learning practise the educational staff system for administrators. Institutions of higher learning practise the specialty technical position employment system for auxiliary teaching staff and other specialty technical staff.

　　Article 50 The state protects the legitimate rights and interests of teachers and other educational workers of institutions of higher learning, takes measures to improve the working conditions and living conditions of teachers and other educational workers of institutions of higher learning.

　　Article 51 Institutions of higher learning should provide facilities for teachers' participation in training, conducting scientific research and academic exchanges. Institutions of higher learning should check up the ideological and political performance, professional ethics, professional level and actual achievements in work of teachers, administrators, auxiliary teaching staff and other specialized technical personne

l. Results of the check-up shall constitute the basis of employment or dismissal, promotion, rewards or penalties.

　　Article 52 Teachers, administrators and auxiliary teaching staff as well as other specialized technical personnel of institutions of higher learning should do their respective work well centering around teaching and training of talents.

　　Chapter VI Students of Institutions of Higher Learning

　　Article 53 Students of institutions of higher learning should abide by laws and regulations, abide by students' code of conduct and the institutions' various administrative rules, respect teachers, study hard, strengthen their physique, foster ideas of patriotism, collectivism and socialism, strive to learn Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping's Theory, have good ideological morality and master high-level scientific and cultural knowledge and specialized skills.

　　The legitimate rights and interests of students of institutions of higher learning are protected by law.

　　Article 54 Students of institutions of higher learning should pay a tuition fee in accordance with state provisions.

　　Students whose families are financially difficult may apply for subsidy or reduction and exemption of the tuition fee.

　　Article 55 The state establishes scholarships and encourages institutions of higher learning, enterprises and institutions, societies as well other social organizations and individuals in the establishment

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