Chapter VI

Education and Society

Article 46 State organs, units of the army, enterprises, institutions, societies, other social organizations and individuals shall, in accordance with law, create a good social environment for children, adolescents and students so that they may grow up healthy both physically and mentally.

Article 47 The state encourages enterprises, institutions, societies and other social organizations to cooperate in various forms with institutions of higher learning and secondary vocational schools in teaching, scientific research, and technological development and popularization.

Enterprises, institutions, societies, other social organizations and individuals may, in appropriate ways, support the development of schools and participate in their management.

Article 48 State organs, units of the army, enterprises, institutions and other social organizations shall provide assistance and convenience for students' internships and social practices arranged by schools.

Article 49 Schools and other institutions of education shall take an active part in local public welfare activities, provided that this does not affect their normal educational and teaching activities.

Article 50 Parents or other guardians of minors shall provide the necessary conditions for their minor children or other minors under their guardianship to receive education.

Parents or other guardians of minors shall coordinate with schools or other institutions of education in educating their minor children or other minors under their guardianship.

Schools and teachers may furnish parents of students with guidance for family education.

Article 51 Libraries, museums, science and technology centers, cultural centers, art galleries, stadiums (gymnasiums) and other public cultural and sports facilities as well as places of historic and cultural interest and revolutionary memorial halls (sites) shall give preferential treatment to teachers and students and provide convenience for educatees to receive education.

Radio and television stations (centers) shall offer educational programs designed to promote moral character and cultural, scientific and technological qualities of educatees.

Article 52 The state and society shall establish and develop educational facilities for minors to receive after-school education.

Schools and other institutions of education shall coordinate with primary-level people's organizations for self-governance, enterprises, institutions and social organizations to strengthen after-school education for minors.

Article 53 The state encourages societies, social and cultural institutions, other social organizations and individuals to offer social, cultural and educational activities that are conducive to the sound development in the body and mind of educatees.

Chapter VII

Educational Input and Guarantee of Conditions

Article 54 The state practices a system wherein government appropriations constitute the main body of educational appropriations, supplemented by funds raised from a variety of other sources, and the state gradually increases its educational input so as to ensure a stable source of educational appropriations for state-run schools.

With respect to schools and other institutions of education established and run by enterprises, institutions, societies, other social organizations or individuals, their operating expenses shall be raised by the respective sponsors; the people's governments at various levels may provide them with appropriate support.

Article 55 The proportion of educational appropriations in gross national product allocated by the state shall gradually rise, as the national economy develops and the financial revenue increases. The specific proportion and measures for its implementation shall be prescribed by the State Council.

The proportion of educational appropriations allocated by governments at various levels shall gradually rise along with the development of the national economy.

Article 56 The educational appropriations of the people's governments at various levels shall be listed separately in their fiscal budgets in accordance with the principle of matching financial power with administrative power. 

The people's governments at various levels shall see to it that their appropriations for education shall increase at a faster rate than their regular revenues, that the average expenditure per enrolled student shall increase steadily and that the teachers' salaries and the average public expenditure per student shall increase steadily.

Article 57 The State Council and the people's governments at or above the county level shall set up a special fund for education to be used mainly for assisting outlying and poverty-stricken areas and areas inhabited by minority ethnic groups in enforcing compulsory education there.

Article 58 Taxation authorities shall collect in full the extra charges of education funds in accordance with law, all of which shall be controlled by the administrative departments of education and used mainly for the enforcement of compulsory education.

Pursuant to the relevant regulations of the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to levy local extra charges for educational purposes, which shall be used exclusively for education.

Article 59 The state adopts preferential measures to encourage and help schools to launch work-study programs, to provide services for the community and to set up school factories, on condition that this shall not affect normal education and teaching.

Article 60 The state encourages social organizations and individuals both at home and abroad to donate money for education in China.

Article 61 Educational appropriations from the state and contributions and donations offered by social organizations or individuals for education shall be used for education; they shall not be diverted to any other purposes or withheld.

Article 62 The state encourages the use of loans and other financial means to support the development of educational undertakings.

Article 63 People's governments at various levels and their administrative departments of education shall strengthen supervision and control over educational appropriations for schools and other institutions of education in order to achieve better results of investment in education.

Article 64 Local people's governments at various levels and their relevant administrative departments shall incorporate capital construction for schools into rural and urban construction plans, make overall arrangements for the land and materials needed for the capital construction for schools, and give priority to and adopt preferential policies towards such capital construction in accordance with the relevant regulations of the state.

Article 65 People's governments at various levels shall, in accordance with the relevant regulations of the state, give priority and adopt preferential policies with regard to the publication and distribution of textbooks and other printed materials for teaching and learning purposes, the production and supply of teaching and learning instruments and equipment, and the importation of books and other printed materials, teaching and learning instruments and equipment for education and scientific research.

Article 66 The state shall step up the information-based education by accelerating the informational infrastructural development in the educational field, and facilitate the sharing and popularization of quality education resources by exploiting the information technology, so as to improve the level of education, teaching and educational management.

People's governments at or above the county level and their relevant departments shall develop information technology in the educational field and other modern means for teaching, and the relevant administrative departments shall give such development priority and support.

The state encourages the wide use of modern means for teaching in schools and other institutions of education.

Chapter VIII

Foreign Exchange and Cooperation in Education

Article 67 The state encourages foreign exchange and cooperation in education, and supports schools and other institutions of education in bringing in quality education resources, carrying out Sino-foreign cooperation in running schools according to law, developing international educational service and training talents with an international vision.

In conducting foreign exchange and cooperation in education, the principles of independence, equality, mutual benefit and mutual respect shall be adhered to, the laws of the People's Republic of China shall not be violated, and the state sovereignty and security and public interests shall not be harmed.

Article 68 To go abroad for study, research, academic exchange or teaching purposes by Chinese citizens within the territory of China shall be handled according to the relevant regulations of the state.

Article 69 Individuals outside the territory of China, who meet the requirements regulated by the state and complete the relevant formalities, may enter China to study, do research, engage in academic exchange or teach in schools or other institutions of education. Their lawful rights and interests shall be protected by the state.

Article 70 Recognition of the academic degree certificates, educational qualification certificates and other types of education certificates issued by institutions of education outside the territory of China shall be governed by the international treaties to which China is a signatory party or has acceded, or by the relevant regulations of the state.

Chapter IX

Legal Responsibility

Article 71 Where, in violation of the relevant regulations of the state, educational appropriations are not examined and allocated as specified in the budget, the people's government at the corresponding level shall set a time limit for such examination and allocation; if the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Where, in violation of the state's fiscal system or financial system, educational appropriations are diverted to other purposes or withheld, the organ at a higher level shall order the return, within a time limit, of the part of the appropriations that is diverted to other purposes or withheld and shall impose, in accordance with law, sanctions on the directly responsible persons in charge and other directly responsible persons; if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 72 If anyone engages in gang-fighting or provokes troubles, thus disrupting the operation of schools or other institutions of education, or destroys school buildings, sites or other property, he shall be given a public security administrative punishment by the public security organ; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

If anyone illegally occupies school buildings, sites or other property, he shall bear civil liabilities according to law.

Article 73 If the directly responsible persons in charge and other directly responsible persons know that the school buildings or educational or teaching facilities are dangerous, but they fail to take measures, thus causing human casualties or heavy losses of property, they shall be investigated for criminal responsibilities according to law.

Article 74 Whoever, in violation of the relevant regulations of the state, collects fees from a school or any other institution of education, shall be ordered by the government concerned to return the fees thus collected; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Article 75 If any entity or individual, in violation of the relevant regulations of the state, establishes schools or other institutions of education, such schools or institutions shall be dissolved by the administrative department of education or other relevant administrative departments; the unlawful gains, if any, shall be confiscated; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Article 76 If a school or any other institution of education enrolls students in violation of the relevant regulations of the state, it shall be ordered by the administrative department of education or other relevant administrative departments to send back such students and return the fees thus collected; the said school or other institution shall be given a warning, and may also be imposed with a fine not more than five times the amount of illegal gains. Where the circumstances are serious, the said school or other institution shall be imposed with a punishment ranging from being ordered to suspend the relevant enrollment qualification for not less than one year but not more than three years, to the extent of being disqualified from enrolling students at all or being revoked the permit of running a school or an institution of education; and the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law; where a crime is committed, criminal responsibility shall be investigated.

Article 77 If anyone abuses his office, neglects his duty or engages in malpractice for personal gains in enrolling students, he shall be ordered by the administrative department of education or other relevant administrative departments to send back the students who do not meet admission requirements; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

Whoever, by taking another person's place, steals or uses the person's identity, and obtains the admission qualification for getting an education, shall be disqualified from admission by the administrative department of education or other relevant administrative departments and shall be ordered to suspend from participating in relevant national education examinations for not less than two years but not more than five years; the academic degree certificates, educational qualification certificates or other types of education certificates shall be revoked by the institution which issued the certificates; where the person committed one of the acts mentioned in this paragraph has become a public servant, he shall be dismissed according to law; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ according to law; where his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Whoever acts in collusion with others, and allows another person to use his own identity to obtain the admission qualification for getting an education shall be ordered to suspend from participating in relevant national education examinations for not less than one year but not more than three years by the administrative department of education or other relevant administrative departments; the unlawful gains, if any, shall be confiscated; where the person committed one of the acts mentioned in this paragraph has become a public servant, he shall be given a sanction according to law; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ according to law; where his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Where anyone organizes or abets others to steal or use the identity of someone else to obtain the admission qualification for education by taking the place of the person, his unlawful gains, if any, shall be confiscated; where the person committed one of the acts mentioned in this paragraph has become a public servant, he shall be given a sanction according to law; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ according to law; where his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Where anyone whose admission qualification for getting an education is stolen or used by another person, thus his legitimate rights are infringed, he may request reinstatement of his admission qualification.

Article 78 Where a school or any other institution of education, in violation of the relevant regulations of the state, collects fees from educatees, the school or institution shall be ordered by the administrative department of education or other relevant administrative departments to return the fees thus collected; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Article 79 Where an examinee commits one of the following acts in a national education examination, necessary measures shall be taken by the staff members of the agency that organizes the examination to stop such an act and the examinee shall be ordered to discontinue the examination; his qualification for taking the examination may be canceled and his examination score may be declared null by the agency organizing the examination; where the circumstances are serious, he shall be ordered to suspend from taking the relevant national education examination for not less than one year but not more than three years by the administrative department of education; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ; where a crime is constituted, he shall be investigated for criminal responsibility:

    (1) to acquire examination questions or answers thereto by illegal means;

    (2) to carry or use devices or materials that are used for cheating in an examination;

    (3) to copy or steal the answers of another examinee;

    (4) to send another person to take an examination in his name; or

    (5) to engage in cheating by any other improper means for obtaining an examination score.

Article 80  Any organization or individual committing one of the following acts in a national education examination shall be imposed with confiscation of illegal gains if there is any, as well as a fine of not less than the amount of, but not more than five times the amount of the illegal gains; where the circumstances are serious, the said organization or individual shall be imposed with detention for not less than five days but not more than 15 days; where a crime is constituted, it or he shall be investigated for criminal responsibility; and if the said individual is a staff member of a government department, he shall also be given a sanction according to law:

     (1) to organize cheating activities;

     (2) to give assistance or convenience by providing devices for cheating in an examination;

     (3) to take the examination in the name of another person;

     (4) to disclose or spread examination questions or the answers thereto prior to the end of the examination; or

     (5) any other act disrupting the order in examination.

Article 81 Where, in holding a national education examination, the administrative department of education or the education examination agency neglects its duty of management, and thus causing disorder in the examination or there being a serious situation of cheating, the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law; where a crime is constituted, the aforesaid persons shall be investigated for criminal responsibilities.

Article 82 If a school or any other institution of education, in violation of the provisions of this Law, confers academic degree certificates, educational qualification certificates or other education certificates, the administrative department of education or other relevant administrative departments shall nullify the certificates and order their return or confiscation; the unlawful gains, if any, shall be confiscated; if the circumstances are serious, the said school or institution shall be imposed with a punishment ranging from being suspended from enrolling students for not less than one year but not more than three years, to the extent of being disqualified from enrolling students at all or being revoked the permit of running a school or an institution of education; and the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Where an organization or individual, other than those prescribed for in the preceding paragraph, makes, sells or confers counterfeit academic degree certificates, educational qualification certificates or other education certificates and such act constitutes a violation of public security administration, the organization or individual shall be given a public security administrative punishment by the public security organ according to law; where a crime is constituted, the organization or individual shall be investigated for criminal responsibility.

The academic degree certificates, educational qualification certificates or other education certificates acquired through fraudulent conduct such as cheating, copying the answers of other examinees, plagiarizing or by any other improper means, shall be revoked by the institution which issued the certificates in question. Whoever buys or uses a counterfeit academic degree certificate, a counterfeit educational qualification certificate or any other counterfeit education certificate shall be given a public security administrative punishment by the public security organ when his act constitutes a violation of public security administration.

Article 83 If anyone, in violation of the provisions of this Law, infringes upon the lawful rights and interests of teachers, educatees or schools or other institutions of education, thus causing losses or damage, he shall bear civil liabilities according to law.

Chapter X

Supplementary Provisions

Article 84 Regulations on education in military schools shall be formulated by the Central Military Commission in accordance with the principles of this Law.

Regulations on education in religious schools shall be formulated by the State Council separately.

Article 85 Measures governing the establishment of schools within the territory of China by organizations or individuals outside China or through their cooperation with organizations or individuals inside China shall be formulated by the State Council.

Article 86 This Law shall go into effect as of September 1, 1995.