(August 29, 1998, the fourth meeting of the Standing Committee of the ninth through December 27, 2015, the 12th session of the 18th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China decision to amend the higher education law) People's Republic of China President, 40th

The Standing Committee of the national people's Congress to amend of People's Republic of China higher education law, the decision has been made by People's Republic of China on December 27, 2015 adopted at the 12th session of the Standing Committee of the national people's Congress, 18th, are hereby promulgated and, as of June 1, 2016.

People's Republic of China President XI on December 27, 2015 People's Republic of China higher education

Chapter I General provisions

The first in order to develop higher education, implement the strategy of national rejuvenation through science and education, promoting Socialist material civilization and spiritual civilization construction in accordance with the Constitution and the Education Act, this law is enacted.

Article in the People's Republic of China higher education activities within the territory, this law shall apply.

Higher education in this law refers to the completion of upper secondary education on the basis of the education.

Third countries adhere to Marxism-Leninism, Mao Zedong thought and Deng Xiaoping theory as our guide, follow the basic principle of the Constitution, the development of Socialist education.

Fourth higher education must implement the national education policy, the services, serve the socialist modernization, combined with production labor and social practice, make educated moral, intellectual, physical, aspects such as the development of Socialist builders and successors.

Article fifth higher education's mission is to foster socially responsible, innovative spirit and practical ability of talents, development of science and technology and culture, and to promote socialist modernization.

Sixth nation in terms of economic and social development needs of higher education development plan, organized institutions of higher learning, and take a variety of forms to actively develop higher education.

The State encourages enterprises, institutions, public organizations and other social organizations and social forces, such as the law of citizens organized institutions of higher learning, participation in and support for the reform and development of higher education.

The seventh State in accordance with the needs of socialist modernization and the development of the Socialist market economy, according to the actual different types and levels in colleges and universities, promoting the reform of higher education and teaching reform of higher education, optimize the structure of higher education and the allocation of resources to improve the quality and efficiency of higher education.

Eighth State according to the characteristics and needs of ethnic minorities, helping and supporting the cause of higher education development in ethnic minority areas, for the ethnic minorities to develop talents.

Article citizens shall have the right to receive higher education.

States to take measures to help minority students and students with financial difficulties to receive higher education.

Institutions of higher learning must admit students with disabilities meet the admission standards set by the State, shall not refuse to admit her due to the disability.

Tenth State shall safeguard the scientific research in the institutions of higher learning, freedom of literary and artistic creations and other cultural activities.

In colleges and universities engaged in scientific research, literary and artistic creations and other cultural activities, shall comply with the law.

11th institutions of higher learning should be geared to social, run independently, practise democratic management.

The 12th between the State encourages institutions of higher learning, institutions of higher learning and collaboration between research institutions and enterprises and institutions and complement each other to improve efficient use of educational resources.

The State encourages and supports the international exchange and cooperation in higher education.

13th National unified leadership and management of higher education under the State Council.

Integrated and coordinated the administration of provinces, autonomous regions and municipalities within higher education, mainly for local talent and the State Department authorized management of colleges and universities. 14th educational administrative departments of the State Council in charge of the nation's higher education work and management defined by the State Council, mainly for the cultivation of talents in colleges and universities nationwide.

State Department within the scope of the responsibilities of other departments concerned under the State Council, responsible for work related to higher education.

Chapter II basic system of higher education

15th higher education consists of curricula education and non-degree education.

Full-time and part-time forms of education in higher education.

Countries supported the use of radio, television, correspondence and other forms of distance education higher education.

16th higher education is divided into specialty education, undergraduate education and postgraduate education.

Higher curricula education should meet the following criteria:

(A) education should enable students to grasp the basic theory required of a professional, expertise, has engaged in the basic skills of professional practical work and initial capacity;

(B) education should enable students to systematically master the disciplines and specialties required basic theory, basic knowledge, mastering the professional the necessary basic skills, methods and knowledge, has engaged in the initial capacity of the professional practice and research work; (C) solid graduate education should enable students to master the disciplines of basic theories, systems expertise and master the skills, methods and knowledge, has engaged in professional practice and research capacity.

Doctoral students a firm and comprehensive education should enable students to master the disciplines of basic theory, in-depth expertise, the skills and methods, independent of the subject of creative ability in scientific research and practical work. 17th basic schooling for 2-3 years of college education, basic schooling for 4-5 years of undergraduate education, graduate education the basic length for the 2-3, doctoral education the basic length for the 3-4. The duration of part-time higher education shall be extended appropriately.

Colleges and universities according to actual needs, reported to the competent administrative Department of education approved adjustments to the length of this school.

18th higher education by universities and other higher education institutions. University, independent school implementation of undergraduate and graduate education. Implementation of college education in college.

Approved by the Department of education administration departments, scientific research institutions can undertake the task of postgraduate education.

Other higher education institutions to implement non-diploma of higher education.

Graduated 19th in senior secondary education or equivalent, upon passing the examination, by the relevant academic education college admissions, obtain qualifications for students or undergraduate admissions.

Bachelor degree or equivalent, upon passing the examination, by the relevant education institutions of higher learning or approved to undertake the tasks of scientific research institutions of postgraduate education admissions, master's graduate student enrolment.

Graduate or with equivalent educational level, upon passing the examination, by the relevant education institutions of higher learning or approved to undertake the tasks of scientific research institutions of postgraduate education admissions, PhD graduate student enrolment.

Allow specific disciplinary and professional graduate of direct access to doctoral qualifications, and the specific measures shall be formulated by the Administrative Department of education regulations.

20th students receiving higher education, by college or approved to undertake scientific research institutions of postgraduate education mission according to its length, academic achievement, and so on, in accordance with the relevant provisions of the State, issue the relevant certificate of diploma or other education. Accepts non-degree students in higher education, by the University or other higher education institutions to issue the relevant certificates.

Shall include the length and content of the certificate of completion.

The 21st State practices self-taught examination of higher education and qualified, issue the relevant certificate of diploma or other education. The 22nd State practices the academic degree system.

Divided into Bachelor's, master's and doctor's degree.

Citizens through access to higher education or self-study, its academic degree level reach the national standard, grant the appropriate degree may apply to the degree-granting units.

23rd in colleges and universities and other institutions of higher education should be based on social needs and their own conditions, implementation of continuing education.

Chapter III the establishment of colleges and universities

24th article establishment of institutions, shall conform to the national development plan, in line with the national interests and public interests.

25th the establishment of institutions of higher learning, education law provides the basic conditions should be met. University or independent College should also have strong teaching and scientific research strength, high level of teaching, scientific research and the corresponding scale to implement undergraduate and graduate education. Universities must also be equipped with three or more disciplines prescribed by the State as the main subject.

The establishment of specific criteria formulated by the State Council of higher education.

Specific criteria for the establishment of other institutions of higher education, and authorized by the State Council's relevant departments or provinces, autonomous regions, and municipalities directly under the State Council of the principle.

26th the establishment of institutions of higher learning shall be established pursuant to its level, type, subject category, scale and level of teaching and scientific research, with the appropriate name.

27th applied for establishment of institutions, shall submit to the approval authority the following materials:

(A) the bid report;

(B) feasibility study materials;

(C) articles of Association;

(D) requested by the approval authority in accordance with the provisions of this law, other materials.

28th the statutes of the institutions of higher learning should provide the following:

(A) the name, location of the school;

(B) mission;

(C) scale;

(D) set of disciplines;

(E) education;

(F) the internal management system;

(G) the source of funds, property and financial system;

(H) the rights and obligations between the organizers and school;

(I) constitutional amendment procedures;

(J) other matters provided for in the by-laws. Article 29th implementation of Bachelor education in institutions of higher learning shall be formulated by the Administrative Department of education approval; establishing a specialized educational institutions, by the approval of the provinces, autonomous regions and municipalities, educational administrative departments under the State Council for the record; the establishment of other institutions of higher education, the people's Governments of provinces, autonomous regions and municipalities directly under the Education Administration approval.

Approving the establishment of universities and other institutions of higher education shall comply with the relevant provisions of the State.

Approve establishment of institutions, shall entrust a delegation made up of expert review.

Universities and other institutions of higher education Division, merger or termination, change the name, category, and other important matters, approved by the approval authority provided for in the first paragraph of this article; amended, shall, in accordance with administrative privileges, educational administrative departments under the State Council or provincial, autonomous regional and municipal people's Government Education Administration approval.

The fourth chapter organization and activities of the institutions of higher learning Article 30th date of approval for its establishment in colleges and universities obtain legal personality.

Principals of colleges and universities as legal representatives of colleges and universities.

Institutions of higher learning shall enjoy civil rights in civil activities, shall bear civil liability.

31st is to cultivate talents in higher education-centered, teaching, scientific research and social services to ensure education and teaching quality reaches standards prescribed by the State.

32nd institution of higher learning based on social needs and condition and State-approved schools, develop enrollment programmes and Autonomic regulation Department enrollment ratio.

33rd institutions of higher learning independently set up and adjust disciplines and specialties.

Article 34th universities according to the teaching need to independently develop teaching plans, compiling the teaching materials and organize the implementation of activities.

Article 35th institutions according to its own conditions, independent scientific research, technology development, and social services.

State encourages institutions of higher learning and enterprises, institutions, public organizations and other social organizations in scientific research, technology development and promotion of various forms of cooperation.

State support for qualified institutions of higher learning to become national bases for scientific research.

Article 36th institutions in accordance with relevant regulations of the State, autonomous, technological and cultural exchanges and cooperation with overseas colleges and universities.

37th according to actual needs and the principle of streamlining and efficiency in colleges and universities, independently determine the teaching, research, administrative departments and other internal organization and staffing in accordance with the relevant provisions of the State, evaluation of teachers and other professional and technical staff positions, adjust allowance and wage distribution.

The 38th held in institutions of higher learning to provide property, State financial support, shall independently manage and use of donated property.

Property of colleges and universities for teaching and scientific research activities shall not be diverted to any other use. The 39th held by the State institutions of higher learning to implement principal accountability system under the leadership of CPC grass-roots Committee in colleges and universities. CPC College grass-roots Committee according to CPC articles and about provides, unified led school work, support principal independent is responsible for to exercise terms, its led duties main is: implementation CPC of route, and approach, and policy, insisted Socialist running direction, led School of thought political work and moral work, discussion decided school internal organization institutions of set and internal organization institutions head of candidates, discussion decided School of reform, and development and basic management system, major matters,

Ensure the training of talents for the completion of all tasks of the Centre.

Internal management system of colleges and universities organized social forces in accordance with the relevant social power running school with provisions. 40th President of higher education which can meet the educational qualifications for citizens who are under the law.

Principals and Deputy principals of colleges and universities in accordance with the relevant provisions of the State decision.

The 41st College principal has overall responsibility for the school's teaching, scientific research and other administrative work, shall exercise the following powers:

(A) the formulation of development plans and formulate specific rules and regulations and the annual work plan for the implementation;

(B) the Organization and ideological and moral education teaching activities and scientific research;

(C) development of internal organizational structure of the programme, candidates proposed Vice President, appointed head of internal organizational structures;

(D) appoint and dismiss teachers and other staff, and student enrollment management awards to or take disciplinary measures;

(E) the development and implementation of the annual programme budget, protection and management of property, safeguarding the legitimate rights and interests of the school;

(Vi) other authorities prescribed by the articles.

The principal host principal office or the Campus Affairs Conference of colleges and universities, deal with matters relevant to the provisions of the preceding paragraph.

42nd institutions of higher learning to establish academic Committee, carry out the following functions:

(A) consideration of disciplines, specialties, teaching, scientific research programme;

(B) the assessment of teaching and scientific research;

(C) investigate and handle academic disputes;

(D) investigation, finds that academic misconduct;

(E) consideration in accordance with the Constitution, decisions relating to academic development, academic evaluation, specification of other matters.

The 43rd through teacher-centered teaching and administrative staff in colleges and universities on behalf of such organization, protect faculty participation in democratic management and supervision according to law, maintain staffs lawful rights and interests.

The 44th institution of higher learning should establish a school level, education quality evaluation system, public information in a timely manner, subject to public supervision. Educational administrative departments in charge of organizing expert or third party professional body of running colleges and universities levels, assess the effectiveness and quality of education.

Assessment results should be open to the public.

Fifth chapter of college teachers and other educators

45th teachers and other education workers in institutions of higher learning have rights under the law, fulfil the obligations prescribed by law, loyalty to the cause of education of the people. Article 46th University implement teacher qualification system. Chinese citizens who abide by the Constitution and law, education, good moral character, have a graduate or Bachelor degree, appropriate education and teaching abilities, found to be eligible, can obtain qualifications for teachers in colleges and universities.

Does not have a master degree or Bachelor of civil, learned something long, through the national teacher examinations, found to be eligible, you can also obtain the qualification for teachers in colleges and universities. The 47th position system of institutions of higher learning practice teachers. Of teachers in colleges and universities under school teaching, scientific research and other tasks need to be set.

Teachers set up teaching assistant, lecturer, Associate Professor and Professor.

Teachers of colleges and universities access to duties provided for in the preceding paragraph shall meet the following basic conditions:

(A) obtain the qualification for teachers in colleges and universities;

(B) systematically learn the basic theory of science;

(C) with the corresponding position of education and scientific research of teaching ability;

(D) assume the corresponding position of the course and provides hours of teaching tasks.

Professor, Associate Professor, in addition to these basic qualifications, should also have a system on this subject and a solid basic theory and rich experience in teaching, scientific research and teaching achievements, papers or books reached a higher level or have outstanding teaching and scientific research.

Specific qualifications of teachers of colleges and universities by the State Council. 48th institutions of higher learning practice faculty.

Teacher qualifications assessed, by institutions of higher learning according to the teachers ' job responsibilities, conditions and terms of employment.

The appointment of teachers of colleges and universities should follow the principle of equality of both parties, signed by the University President and hired teachers contract. 49th managers of institutions of higher learning, the implementation of educational staff system.

Auxiliary teaching staff and other professional and technical personnel in colleges and universities, professional and technical positions of employment.

50th State protects the legitimate rights and interests of teachers and other education workers in universities, take measures to improve college teachers and other education workers ' working and living conditions.

51st institutions of higher learning should be for teachers to participate in training, conducting scientific research and academic exchanges to provide convenient conditions.

Institutions of higher learning and teaching aids for teachers, management personnel and other professional and technical personnel of the ideological and political performance, professional ethics, standards and performance assessment, assessment results as the appointment or removal of, promotion, reward or punishment basis.

52nd teachers in institutions of higher learning, management and auxiliary teaching staff and other professional and technical personnel, should be based on the teaching and cultivating talent for the Centre to do their job.

The sixth chapter of College

53rd students of institutions of higher learning should abide by laws and regulations, and comply with the student code of conduct and school management system, respect teachers, work hard to enhance physical fitness, set up the patriotism, collectivism and socialism, to study Marxism, Leninism, Mao Zedong thought, Deng Xiaoping theory, has good moral character, master high scientific and cultural knowledge and professional skills.

The legitimate rights and interests of the students in colleges and universities, are protected by law.

The 54th colleges students should pay tuition according to state regulations.

Students of families with financial difficulties can apply for grants or tuition waiver.

55th State scholarships, and encourage institutions, enterprises, institutions, social organizations as well as other social organizations and individuals in accordance with the relevant provisions of the State to establish various forms of scholarship for excellent students, the national professional students as well as to the State gives awards to students working in the area.

State establishment of college students work-study funds and study loans and encourage institutions, enterprises, institutions, social groups and other social organizations and individuals to set up various forms of financial aid, to help needy students.

Students who obtain loans and grants-in-aid should fulfill corresponding obligations.

56th college students in their spare time to participate in social services and work-study activities, but shall not affect the tasks are completed.

University students ' social services and work-study activities should be encouraged and supported, and provide guidance and administration. 57th students of institutions of higher learning may organize student groups in the school.

Student groups in activities falling within the scope of the laws, regulations, and comply with the school's leadership and management.

Article 58th of College ideological and moral conformity, within the required length of completion of required courses, pass or take the credit, graduate.

59th of higher learning should provide employment guidance and services for graduates and school leavers.

State encourages college graduates to work in remote and difficult places.

The seventh chapter input and conditions of assurance of higher education

60th organized into higher education, reasonable educators to share training costs, multiple channels of financing mechanism in colleges and universities.

State Council and provinces, autonomous regions and municipalities, in accordance with the law on education provisions of the 56th, ensure the expenditure on higher education organized by the progressive growth.

The State encourages enterprises, institutions, public organizations and other social organizations and individuals to investment in higher education.

61st of institutions of higher learning, the organizer should ensure stable sources of funds, may not withdraw their investment funds.

62nd educational administrative departments of the State Council in conjunction with the other relevant departments under the State Council education cost per student per year, provides colleges and universities expenditure year financing standards and basic principles of provinces, autonomous regions and municipalities within the administrative area of education, the executive authorities and the departments concerned to develop higher education expenditure year standards and financing schemes, as the fundamental basis for organizing and raising funds for education in colleges and universities. 63rd national colleges and universities import library, teaching and research facilities as well as preferential policies for school-run industry.

Industries run by universities or the transfer of intellectual property, as well as other scientific and technological achievements benefit, for running a University.

64th college tuition fees should be charged in accordance with relevant regulations of the State administration and use, any other organization or individual may misappropriate.

65th institutions shall establish and improve the financial management system, rational use, management education, improving the efficiency of investment in education.

Colleges and universities financial activities should be subject to supervision according to law.

The eighth chapter supplementary articles

66th article on higher education activities in violation of the provisions of the Education Act, in accordance with the relevant provisions of the Education Act are punished.

67th individuals outside China in line with the national conditions and go through the relevant formalities, access to learning, research and academic exchanges in colleges and universities in China or teaching, and their legitimate rights and interests are protected by the State.

68th colleges and universities are mentioned in this law universities, independent colleges and colleges, including vocational and higher educational institutions for adults.

Other institutions of higher education in this law refer to colleges and universities approved to undertake the task of postgraduate education and scientific research institutions engaged in the activities of the higher education organization.

Apply the provisions of this Act relating to universities and colleges to other institutions of higher education and approved to undertake scientific research institutions of postgraduate education task, but except for the specific requirements of universities. 69th article this law shall enter into force on January 1, 1999.