HIGHER EDUCATION LAW

    Chapter I  General Provisions

    Chapter II  Basic System of Higher Education

    Chapter III  Establishment of Institutions of Higher Learning

    Chapter IV  Organization and Activities of Institutions of Higher
Learning

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

    Chapter VI  Students of Institutions of Higher Learning

    Chapter VII  Guarantee for Input and Conditions of Higher Education

    Article 1  This Law is enacted in accordance with the Constitution
and the Education Law for the purposes of developing the cause of higher
education, implementary the strategy of reinvigorating the country through
science and education and promoting the building of socialist material
civilization and spiritual civilization.

    Article 2  This Law shall be applicable to engagement in activities of higher education within the territory of the People’s Republic
of China.

    Higher education referred to in this Law means education imparted
on the basis of completion of senior secondary school education.

    Article 3  The state adheres to the development of the cause of socialist
higher education with Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping’s
Theory as guidance following the basic principles defined by the Constitution.

    Article 4  Higher education must implement the educational policy of the
state, serve socialist modernization, integrate itself with production and
labor to train those educated to be builders and successors of the socialist
cause with all-round development of morality, intelligence and physique.

    Article 5  The task of higher education is to train senior specialized
talents with innovative spirit and practical capability, develop science,
technology and culture and promote socialist modernization.

    Article 6  The state formulates higher education development planning,
establishes institutions of higher learning and adopts various forms to
actively develop the cause of higher education in accordance with the
requirements of economic construction and social development.

    The state encourages such social forces as enterprises, institutions,
societies and other social organizations and citizens in the establishment
of institutions of higher learning, participation in and rendering support
for the reform and development of the cause of higher education in accordance
with law.

    Article 7  The state presses ahead the reform of the higher education
system and the reform of higher education teaching, optimizes the structure
of and resources allocation for higher education, improve the quality and
performance of higher education in the light of the actual conditions of different types and different tiers of institutions of higher
learning and in
accordance with the requirements of socialist modernization and development
of the socialist market economy.

    Article 8  The state assists and supports minority natinality regions
in the development of the cause of higher education and training of senior
specialized talents for minority nationalities in the light of the
characteristics and requirements of minority nationalities.

    Article 9  Citizens have the right to higher education according to law.

    The state adopts measures to assist students of minority nationalities
and students with financial difficulties to receive higher education.

    Institutions of higher learning must admit disabled students who meet
the admission standards set by the state and must not refuse to admit them
for their disabilities.

    Article 10  The state safeguards the freedom of scientific research,
literary and artistic creations and other cultural activities in institutions
of higher learning according to law.

    Scientific research, literary and artistic creations and other cultural
activities in institutions of higher learning should abide by law.

    Article 11  Institutions of higher learning should be geared to the needs
of society, run independently and practise democratic management in accordance
with law.

    Article 12  The state encourages cooperation among institutions of higher
learning, between institutions of higher learning and scientific research
institutes as well as enterprises and institutions to be mutually
supplementary with each’s own advantages and improve the performance
in the employment of educational resources.

    The state encourages and supports international exchanges and cooperation
for the cause of higher education.

    Article 13  The State Council uniformly leads and administers the cause
of higher education nationwide.

    People’s governments of the provinces, autonomous regions and
municipalities directly under the Central Government coordinate with
unified planning the cause of higher education within their respective
administrative areas, administer the training of talents mainly for the
localities and institutions of higher learning the administration of which
have been authorized by the State Council.

    Article 15  Higher education consists of curricula education and
non-curricula education.

    Higher education adopts the educational forms of full-time system
and non-full-time system.

    The state supports the adoption of broadcast, television, correspondence
and other modes of distance education to impart higher education.

    Article 16  Higher curricula education is divided into specialty
education, undergraduate education and post graduate education.  

    Higher curricula education should meet the following standards for
school work:

    (1)specialty education should enable students to master the basic
theory and basic knowledge essential for the respective specialty and
acquire the basic skills and initial capability for the practical work
of the respective specialty;

    (2)undergraduate education should enable students to systematically
master the basic theory and basic knowledge necessary for the respective
discipline and specialty, master the basic skills, techniques and related
knowhow necessary for the respective specialty and acquire initial capability
for the practical work and research work of the respective specialty; and

    (3)master’s post graduate education should enable students to master firm
basic theory of the respective discipline, systematic specialty knowledge,
master corresponding skills, techniques and related knowhow, and acquire
capabilities for the practical work and scientific research work of the
respective specialty. Doctoral post graduate education should enable students
to master firm and broad basic theory, systematic and in-depth specialty
knowledge and corresspsonding skills and techniques, and acquire capabilities
for independent creative scientific research work and practical work of the
respective discipline.              

    Article 17  The basic length of schooling for specialty education
shall be two to three years, the basic length of schooling for undergraduate
education shall be four to five years, the basic length of schooling for
master’s post graduate education shall be two to three years and the basic
length of schooling for doctoral post graduate education shall be three to
four years. The length of schooling for non-full-time higher curricula
education should be adequately extended. Institutions of higher learning may
adjust the length of schooling of the respective schools in the light of
actual requirements subject to the approval of the competent department of
education administration.

    Article 18  Higher education shall be imparted by institutions of higher
learning and other institutions of higher education.

    Universities and independently established colleges(schools) mainly
impart undergraduate and post graduate education. Higher specialty
institutions impart specialty education. Scientific research institutes may,
subject to the approval of the department of education administration under
the State Council, undertake the task of post graduate education.

    Other institutions of higher education impart non-curricula higher
education.

    Article 19  Graduates of senior secondary school education or those
with equivalent educational level shall, upon passing the examination,
be admitted by institutions of higher learning imparting corressponding
curricula education, and obtain the qualification for admission as
specialty students or undergraduate students.

    Graduates of undergraduate 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 grduate education
and obtain the qualification 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 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 profit-
making 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 thier
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 specifiy 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 examaianed and approved not conforming
to the prescribed conditions.

    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.

    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 other 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 committees of the Chinese Communist Party in instituions 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 researh.

    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 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.

    Article 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 examaination 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’
postion 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 instituti