synonymCompulsory Education Law(Compulsory Education Law) generally refers to the Compulsory Education Law of the People's Republic of China (the law implemented on July 1, 1986)
The Compulsory Education Law of the People's Republic of China is to guarantee the right of school-age children and adolescents to receive compulsory education, ensure the implementation of compulsory education, and improve the quality of the whole nationeducation actAnd the laws made.
The Compulsory Education Law of the People's Republic of China was adopted at the fourth session of the Sixth National People's Congress on April 12, 1986 and came into force on July 1, 1986.
The current version was revised at the 7th meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018.[1]
Chinese name
Law of the People's Republic of China on Compulsory Education
Adopted at the Fourth Session of the Sixth National People's Congress on April 12, 1986
Revised at the 22nd Meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2006
Amended for the first time in accordance with the Decision on Amending Five Laws Including the Compulsory Education Law of the People's Republic of China at the 14th Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015
Amended for the second time in accordance with the Decision on Amending Five Laws Including the Product Quality Law of the People's Republic of China at the 7th Meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018[1-2]
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general provisions
Chapter II Students
Chapter III Schools
Chapter IV Teachers
Chapter V Education and Teaching
Chapter VI Fund Guarantee
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
general provisions
Article 1 This Law is formulated in accordance with the Constitution and the Education Law in order to guarantee the right of school-age children and adolescents to receive compulsory education, ensure the implementation of compulsory education and improve the quality of the whole nation.
Article 2 The State implements a nine-year compulsory education system.
Compulsory education is the education that all school-age children and adolescents must receive, and it is a public welfare undertaking that the state must guarantee.
Compulsory education shall be carried out without tuition and miscellaneous fees.
The State establishes a mechanism for guaranteeing the funds for compulsory education to ensure the implementation of the compulsory education system.
Article 3 Compulsory education must implement the State's educational policies, implement quality education, improve the quality of education, enable school-age children and adolescents to develop in an all-round way in moral, intellectual, physical and other aspects, and lay the foundation for cultivating socialist builders and successors with ideals, morality, culture and discipline.
Article 4 All school-age children and adolescents of the nationality of the People's Republic of China, regardless of gender, nationality, race, family property status, religious belief, etc., shall enjoy the equal right to receive compulsory education according to law, and shall perform the obligation to receive compulsory education.
Article 5 People's governments at all levels and their relevant departments shall perform their duties as prescribed by this Law and ensure the right of school-age children and adolescents to receive compulsory education.
The parents or other legal guardians of school-age children and adolescents shall ensure that they attend school on time and complete compulsory education according to law.
Schools carrying out compulsory education according to law shall complete educational and teaching tasks in accordance with the prescribed standards and ensure the quality of education and teaching.
Social organizations and individuals shall create a good environment for school-age children and adolescents to receive compulsory education.
Article 6 The State Council and the local people's governments at or above the county level shall rationally allocate educational resources, promote the balanced development of compulsory education, improve the conditions for running weak schools, and take measures to ensure that compulsory education is carried out in rural areas and ethnic minority areas, and that school-age children and adolescents with financial difficulties and disabilities receive compulsory education.
The State organizes and encourages economically developed areas to support economically underdeveloped areas in implementing compulsory education.
Article 7 Compulsory education shall be under the leadership of the State Council, under the overall planning and implementation of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and under the primary management of the people's governments at the county level.
The education administrative departments of the people's governments at or above the county level shall be specifically responsible for the implementation of compulsory education;Other relevant departments of the people's governments at or above the county level shall be responsible for the implementation of compulsory education within the scope of their respective functions and responsibilities.
Article 8 The educational supervision institution of the people's government shall supervise the implementation of laws and regulations, the quality of education and teaching, and the balanced development of compulsory education, and the supervision report shall be published to the public.
Article 9 Any social organization or individual shall have the right to report or accuse any act in violation of this Law to the relevant State organ.
If a major event in violation of this Law occurs, which hinders the implementation of compulsory education and has a major social impact, the people's government or the person in charge of the education administrative department of the people's government who is responsible for leadership shall take the blame and resign.
Article 10 People's governments at all levels and their relevant departments shall, in accordance with relevant regulations, commend and reward social organizations and individuals who have made outstanding contributions to the implementation of compulsory education.
Chapter II Students
Article 11 The parents or other legal guardians of children who have reached the age of six shall send them to school to receive and complete compulsory education;Children in areas where conditions are not available may be postponed to the age of seven.
If school-age children or adolescents need to postpone or suspend their schooling due to their physical conditions, their parents or other legal guardians shall submit an application to the local township people's government or the education administrative department of the people's government at the county level for approval.
Article 12 school-age children and adolescents are exempted from entrance examination.The local people's governments at various levels shall ensure that school-age children and adolescents are enrolled in schools close to their registered permanent residence.
If school-age children and adolescents whose parents or other legal guardians work or live in places other than their registered permanent residence receive compulsory education in the places where their parents or other legal guardians work or live, the local people's government shall provide them with equal conditions for receiving compulsory education.Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
The education administrative departments of the people's governments at the county level shall guarantee that the children of servicemen in their respective administrative areas receive compulsory education.
Article 13 The administrative departments of education of the people's governments at the county level and the people's governments of towns and villages shall organize and urge school-age children and adolescents to enter school, help solve the difficulties of school-age children and adolescents in receiving compulsory education, and take measures to prevent school-age children and adolescents from dropping out of school.
The residents' and villagers' committees shall assist the government in its work and urge school-age children and adolescents to attend school.
Article 14 The employing units are prohibited from recruiting school-age children and adolescents who should receive compulsory education.
Social organizations that have been approved to recruit school-age children and adolescents for professional training in literature, art, sports and other fields in accordance with the relevant provisions of the State shall ensure that the school-age children and adolescents recruited receive compulsory education;The implementation of compulsory education on their own should be approved by the education administrative department of the people's government at the county level.
Chapter III Schools
Article 15 The local people's governments at or above the county level shall formulate and adjust plans for the establishment of schools in accordance with the number and distribution of school-age children and adolescents residing in their respective administrative areas and other factors, and in accordance with the relevant provisions of the State.Where schools need to be set up in new residential areas, they shall be carried out simultaneously with the construction of residential areas.
Article 16 The construction of schools shall meet the standards for running schools set by the State and meet the needs of education and teaching;It shall meet the site selection requirements and construction standards stipulated by the State to ensure the safety of students and faculty.
Article 17 People's governments at the county level shall, according to their needs, set up boarding schools to ensure that school-age children and adolescents living in scattered places attend school and receive compulsory education.
Article 18 The administrative department of education under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to needs, set up schools (classes) in economically developed areas to receive school-age children and adolescents from ethnic minorities.
Article 19 The local people's governments at or above the county level shall, according to their needs, set up corresponding schools (classes) for special education to provide compulsory education to school-age children and adolescents with visual, hearing and language disabilities and intellectual disabilities.Special education schools (classes) shall have places and facilities suitable for the learning, rehabilitation and living characteristics of disabled children and adolescents.
Ordinary schools should accept disabled school-age children and adolescents who are capable of receiving ordinary education to study in regular classes, and provide assistance for their learning and rehabilitation.
Article 20 The local people's governments at or above the county level shall, when necessary, set up special schools for compulsory education for school-age juveniles who have committed serious misconduct as prescribed in the Law on the Prevention of Juvenile Delinquency.
Article 21 Juvenile offenders who have not completed compulsory education and minors who have been subjected to compulsory education measures shall receive compulsory education, and the funds needed shall be guaranteed by the people's government.
Article 22 The people's governments at or above the county level and their administrative departments of education shall promote the balanced development of schools, narrow the gap between the conditions for running schools, and may not divide schools into key schools and non key schools.The school shall not set up key classes and non key classes.
People's governments at or above the county level and their administrative departments for education shall not change the nature of public schools in any name or in disguised form.
Article 23 People's governments at all levels and their relevant departments shall, in accordance with law, maintain order around schools, protect the legitimate rights and interests of students, teachers and schools, and provide security for schools.
Article 24 Schools shall establish and improve safety systems and emergency mechanisms, carry out safety education for students, strengthen management, eliminate hidden dangers in time and prevent accidents.
The local people's governments at or above the county level regularly inspect the safety of school buildings;Timely repair and transform those that need repair and transformation.
The school may not employ any person who has been deprived of political rights according to law or who is not suitable for compulsory education because of intentional crime as a staff member.
Article 25 Schools shall not collect fees in violation of State regulations, nor seek benefits by selling goods and services to students or in disguised form.
Article 26 The school implements the principal responsibility system.The president shall meet the requirements of the state.The president shall be appointed by the education administrative department of the people's government at the county level according to law.
Article 27 The school shall criticize and educate students who violate the school management system and may not expel them.
Chapter IV Teachers
Article 28 Teachers shall enjoy the rights and perform the obligations prescribed by law, be exemplary and loyal to the people's educational cause.
The whole society should respect teachers.
Article 29 Teachers shall treat students equally, pay attention to their individual differences, teach students in accordance with their aptitude and promote their full development in education and teaching.
Teachers shall respect the personality of students, shall not discriminate against students, shall not impose corporal punishment, corporal punishment in disguised form or other acts insulting human dignity on students, and shall not infringe upon the legitimate rights and interests of students.
Article 30 Teachers shall obtain the qualifications for teachers prescribed by the State.
The State shall establish a unified system of duties for teachers of compulsory education.Teachers' posts are divided into junior posts, intermediate posts and senior posts.
Article 31 People's governments at all levels shall guarantee teachers' salaries, welfare and social insurance benefits, and improve their working and living conditions;We will improve the mechanism for ensuring the salaries of rural teachers.
The average salary of teachers shall not be lower than the average salary of local civil servants.
Teachers of special education are entitled to special post subsidies.Teachers working in ethnic minority areas and remote poverty-stricken areas enjoy subsidies for poverty-stricken areas.
Article 32 People's governments at or above the county level shall strengthen the training of teachers and take measures to develop teacher education.
The administrative departments of education of the people's governments at the county level shall allocate the teachers of schools in their respective administrative areas in a balanced manner, organize the training and mobility of principals and teachers, and strengthen the construction of weak schools.
Article 33 The State Council and local people's governments at various levels shall encourage and support teachers from urban schools and graduates of institutions of higher learning to engage in compulsory education in rural areas and ethnic minority areas.
The State encourages graduates of institutions of higher learning to volunteer to teach in schools lacking teachers in rural areas and ethnic minority areas.The education administrative department of the people's government at the county level shall recognize their qualifications as teachers according to law, and their teaching time shall be included in the length of service.
Chapter V Education and Teaching
Article 34 Education and teaching work shall conform to the laws of education and the characteristics of students' physical and mental development, face all students, teach and educate people, organically integrate moral education, intellectual education, physical education, aesthetic education, etc. in education and teaching activities, focus on cultivating students' ability to think independently, innovate and practice, and promote their all-round development.
Article 35 The administrative department of education under the State Council shall, on the basis of the physical and mental development and actual conditions of school-age children and adolescents, determine the teaching system, educational content and curriculum, reform the examination system, improve the enrollment methods of senior secondary schools, and promote the implementation of quality education.
Schools and teachers shall carry out educational and teaching activities in accordance with the determined educational and teaching contents and curriculum to ensure that the basic quality requirements stipulated by the State are met.
The State encourages schools and teachers to adopt heuristic education and other teaching methods to improve the quality of education and teaching.
Article 36 Schools shall put moral education in the first place, integrate it into education and teaching, carry out social practice activities appropriate to students' age, form an ideological and moral education system in which schools, families and society cooperate, and promote students to develop good ideological and moral character and behavior habits.
Article 37 Schools shall ensure students' time for extracurricular activities and organize extracurricular activities such as cultural entertainment.Social public cultural and sports facilities shall provide convenience for schools to carry out extracurricular activities.
Article 38 Textbooks shall be compiled in accordance with the national educational policies and curriculum standards, and their contents shall be as concise as possible, with the necessary basic knowledge and skills carefully selected, economical and practical, and quality guaranteed.
State functionaries and textbook examiners shall not participate in or participate in the compilation of textbooks in disguised form.
Article 39 The State practices a system of examination and approval of textbooks.The measures for examination and approval of textbooks shall be formulated by the administrative department of education under the State Council.
Textbooks that have not been examined and approved shall not be published or selected.
Article 40 The price of textbooks shall be determined by the price administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the competent publishing departments at the same level in accordance with the principle of meager profits.[1]
Article 41 The State encourages the recycling of textbooks.
Chapter VI Fund Guarantee
Article 42 The State shall fully incorporate compulsory education into its financial security, and the State Council and local people's governments at various levels shall guarantee the funds for compulsory education in accordance with the provisions of this Law.
The State Council and the local people's governments at all levels incorporate the funds for compulsory education into the financial budget, and allocate the funds for compulsory education in full and in time according to the staffing standards of teachers and staff, wage standards and school construction standards, and the standards of public funds per student, so as to ensure the normal operation of schools and the safety of school buildings, and ensure that the salaries of teachers and staff are paid according to regulations.
The State Council and the local people's governments at all levels shall increase the proportion of the financial allocation for compulsory education higher than the proportion of the increase in the regular financial revenue, ensure that the compulsory education expenses will gradually increase according to the average number of students in school, and ensure that the salaries of teachers and staff and the per capita public economic expenses of students will gradually increase.
Article 43 The basic standard of per capita public funds for students of a school shall be formulated by the financial department of the State Council in conjunction with the administrative department of education, and shall be adjusted in due course according to the economic and social development.The formulation and adjustment of the basic standard of per capita public funds for students should meet the basic needs of education and teaching.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the actual conditions of their respective administrative regions, set standards for per capita public funds for school students that are not lower than the national standards.
The standard of per capita public funds for students in special education schools (classes) shall be higher than that of per capita public funds for students in ordinary schools.
Article 44 The funds for compulsory education shall be invested jointly by the State Council and local people's governments at various levels according to their functions and responsibilities, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the overall implementation of the system.The funds needed for compulsory education in rural areas shall be shared by the people's governments at all levels in accordance with the provisions of the State Council by project and proportion.
People's governments at all levels provide free textbooks to school-age children and adolescents whose families are in financial difficulties and subsidize the living expenses of boarders.
The specific measures for guaranteeing funds for compulsory education shall be formulated by the State Council.
Article 45 The local people's governments at various levels shall separately list the funds for compulsory education in their financial budgets.
The people's governments at the county level shall, in drawing up their budgets, make balanced arrangements for compulsory education in addition to giving preference to schools in rural areas and weak schools.
Article 46 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall standardize the financial transfer payment system, increase the scale of general transfer payments and standardize special transfer payments for compulsory education, and support and guide local people's governments at all levels to increase their investment in compulsory education.The local people's governments at various levels shall ensure that the funds transferred from the people's governments at higher levels for compulsory education are used for compulsory education in accordance with regulations.
Article 47 The State Council and the local people's governments at or above the county level shall, according to actual needs, set up special funds to support the implementation of compulsory education in rural areas and ethnic minority areas.
Article 48 The State encourages social organizations and individuals to donate to compulsory education, and encourages the establishment of funds for compulsory education in accordance with the relevant provisions of the State governing foundations.
Article 49 The funds for compulsory education shall be used for compulsory education in strict accordance with the budget provisions;No organization or individual may misappropriate or misappropriate funds for compulsory education, or illegally collect or apportion fees from schools.
Article 50 People's governments at or above the county level shall establish a sound system of auditing supervision and statistical announcement of funds for compulsory education.
Chapter VII Legal Liability
Article 51 Where a relevant department under the State Council or a local people's government at any level, in violation of the provisions of Chapter VI of this Law, fails to perform its duty of guaranteeing funds for compulsory education, the State Council or the local people's government at a higher level shall order it to make corrections within a time limit;If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.
Article 52 If a local people's government at or above the county level is under any of the following circumstances, the people's government at a higher level shall order it to make corrections within a time limit;If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law:
（1） Failing to formulate and adjust the school establishment plan in accordance with the relevant provisions of the State;
（2） The construction of a school does not conform to the standards for running a school, the requirements for site selection and the construction standards set by the State;
（3） Failing to regularly check the safety of school buildings, and timely repair and transform them;
（4） Failing to arrange the funds for compulsory education in a balanced way in accordance with the provisions of this Law.
Article 53 Under any of the following circumstances, the people's government at or above the county level or its administrative department of education shall order it to make corrections within a time limit and circulate a notice of criticism;If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law:
（1） Dividing schools into key schools and non key schools;
（2） Changing or altering in disguised form the nature of a public school.
If the administrative department of education of the people's government at the county level or the people's government at the township level fails to take measures to organize school-age children and adolescents to enter school or prevent them from dropping out of school, they shall be investigated for legal responsibility in accordance with the provisions of the preceding paragraph.
Article 54 In any of the following circumstances, the people's government at a higher level or the education administrative department, financial department, price administrative department and audit institution of the people's government at a higher level shall, according to their respective responsibilities, order them to make corrections within a time limit;If the circumstances are serious, the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law:
（1） Occupying or misappropriating funds for compulsory education;
（2） Illegally collecting or apportioning fees from schools.
Article 55 Any school or teacher who violates the provisions of the Education Law or the Teachers Law in the work of compulsory education shall be punished in accordance with the relevant provisions of the Education Law or the Teachers Law.
Article 56 If a school collects fees in violation of State regulations, the education administrative department of the people's government at the county level shall order it to return the fees it has collected;The directly responsible person in charge and other directly responsible persons shall be given sanctions according to law.
Where a school seeks benefits by selling goods or services to students or in disguised form, the education administrative department of the people's government at the county level shall circulate a notice of criticism;The illegal gains, if any, shall be confiscated;The directly responsible person in charge and other directly responsible persons shall be given sanctions according to law.
Where State functionaries and textbook examiners participate in the compilation of textbooks or participate in a disguised form, the people's governments at or above the county level or their education administrative departments shall, according to their functions and powers, order them to make corrections within a time limit and give them administrative sanctions according to law;The illegal gains, if any, shall be confiscated.
Article 57 Where a school is under any of the following circumstances, the education administrative department of the people's government at the county level shall order it to make corrections within a time limit;If the circumstances are serious, the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law:
（1） Refusing to accept disabled school-age children and adolescents who are capable of receiving general education to study in the same class;
（2） Having key classes and non key classes;
（3） Expelling a student in violation of the provisions of this Law;
（4） Using textbooks that have not been approved.
Article 58 If the parents or other legal guardians of school-age children or adolescents fail to send school-age children or adolescents to school for compulsory education in accordance with the provisions of this Law without justified reasons, the local people's governments of towns and townships or the education administrative departments of the people's governments at the county level shall give criticism and education and order them to make corrections within a time limit.
Article 59 Under any of the following circumstances, punishment shall be imposed in accordance with the provisions of relevant laws and administrative regulations:
（1） Coercing or luring school-age children or adolescents who should receive compulsory education out of school or out of school;
（2） Illegally recruiting school-age children or adolescents who should receive compulsory education;
（3） Publishing textbooks that have not been examined and approved according to law.
Article 60 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VIII Supplementary Provisions
Article 61 The implementation steps of no miscellaneous fees for school-age children and adolescents receiving compulsory education shall be formulated by the State Council.
Article 62 Where a privately run school run by a social organization or individual according to law provides compulsory education, the relevant provisions of the Law on the Promotion of Privately run Education shall apply;This Law shall apply to those not provided for in the Law on the Promotion of Privately run Education.
Article 63 This Law shall come into force as of September 1, 2006[2-3]。
