chapter one
General rule
Article 1 This Law is formulated in order to protect the legitimate rights and interests of teachers, build a contingent of teachers with good ideological and moral cultivation and professional quality, and promote the development of socialist education.
Article 2 This Law is applicable to teachers engaged in education and teaching in schools and other educational institutions at all levels.
Article 3 Teachers are professionals who perform their educational and teaching duties, and undertake the mission of teaching and educating people, cultivating builders and successors of the socialist cause and improving the quality of the nation. Teachers should be loyal to the people's education.
Article 4 People's governments at all levels shall take measures to strengthen teachers' ideological and political education and professional training, improve their working and living conditions, safeguard their legitimate rights and interests and improve their social status. The whole society should respect teachers.
Article 5 The administrative department of education in the State Council shall be in charge of the work of teachers throughout the country.
The relevant departments in the State Council are responsible for the work of teachers within their respective functions and powers.
Schools and other educational institutions independently manage teachers according to state regulations.
Article 6 September 10th is Teachers' Day every year.
chapter two
rights and duties
Article 7 Teachers shall enjoy the following rights:
(a) education and teaching activities, education and teaching reform and experiment;
(two) engaged in scientific research and academic exchanges, to participate in professional academic groups, to fully express their opinions in academic activities;
(three) to guide students' learning and development, and to evaluate students' conduct and academic performance;
(four) receive wages on time, enjoy the welfare benefits stipulated by the state, and take paid vacations in winter and summer vacations;
(five) to put forward opinions and suggestions on the work of the education, teaching, management and education administrative departments of the school, and to participate in the democratic management of the school through the staff congress or other forms;
(six) to participate in advanced studies or other forms of training.
Article 8
Teachers shall perform the following obligations:
(1) Abide by the Constitution, laws and professional ethics, and be a model for others;
(two) to implement the national education policy, abide by the rules and regulations, implement the school's teaching plan, fulfill the teacher employment contract, and complete the education and teaching tasks;
(3) To educate students on the basic principles determined by the Constitution, patriotism and national unity, legal education, ideological and moral education, culture, science and technology education, and organize and lead students to carry out beneficial social activities;
(4) Caring for and caring for all students, respecting their personality and promoting their all-round development in morality, intelligence and physique;
(5)
Stop acts that are harmful to students or other acts that infringe on their legitimate rights and interests, and criticize and resist phenomena that are harmful to their healthy growth;
(6) Constantly improve ideological and political awareness and the level of education and teaching.
Article 9 In order to ensure that teachers complete their education and teaching tasks, people's governments at all levels, education administrative departments, relevant departments, schools and other educational institutions shall perform the following duties:
( 1)
Providing educational and teaching facilities and equipment that meet the national safety standards;
(2)
Provide necessary books, materials and other educational and teaching supplies;
(3)
Encourage and help teachers to carry out creative work in education and scientific research;
(4)
Support teachers to stop acts harmful to students or other acts that infringe on students' legitimate rights and interests.
chapter three
Qualifications and appointments
Article 10
The state practices a teacher qualification system.
China citizens who abide by the Constitution and laws, love the cause of education, have good ideological and moral character, have the academic qualifications stipulated in this Law or have passed the national teacher qualification examination, have teaching ability, and can obtain teacher qualification after being recognized as qualified.
Article 11
The corresponding qualifications to obtain the teacher qualification are:
(a) to obtain the qualification of preschool teachers, they should have graduated from preschool normal schools or above;
(two) to obtain the qualification of primary school teachers, they should have graduated from secondary normal schools or above;
(three) to obtain the qualification of a junior high school teacher, a primary vocational school culture and professional course teacher, you should have a bachelor's degree or above from a normal university or other university;
(four) to obtain the qualifications of teachers in senior middle schools and teachers in secondary specialized schools, technical schools and vocational high schools, you should have a bachelor's degree or above in normal universities or other universities; The qualifications required to obtain the qualifications of students' internship instructors in secondary specialized schools, technical schools and vocational high schools shall be stipulated by the administrative department of education of the State Council;
(five) to obtain the qualification of a teacher in an institution of higher learning, one should have a postgraduate or undergraduate degree;
(six) to obtain the qualification of adult education teachers, they should have graduated from higher and secondary specialized schools and above that are suitable for the level and category of adult education. Citizens who do not have the teacher qualifications stipulated in this law must pass the national teacher qualification examination when applying for teacher qualifications. The national teacher qualification examination system is formulated by the State Council.
Article 12 Teachers who have been teaching in schools or other educational institutions before the implementation of this Law do not have the teacher qualifications stipulated in this Law, and the education administrative department of the State Council shall formulate measures for the transition of teacher qualifications.
Thirteenth primary and secondary school teachers' qualifications shall be recognized by the education administrative department of the local people's government at or above the county level. The qualifications of teachers in secondary specialized schools and technical schools shall be recognized by the education administrative departments of local people's governments at or above the county level. The qualifications of teachers in ordinary colleges and universities are recognized by the education administrative departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government or the schools entrusted by them. If a citizen who has the academic qualifications specified in this Law or passed the national teacher qualification examination requests the relevant department to recognize his teacher qualification, the relevant department shall recognize him in accordance with the conditions specified in this Law. Qualified teachers should have a probation period for the first time.
Article 14 A person who has been deprived of political rights or has received criminal punishment of fixed-term imprisonment or above for intentional crimes cannot obtain the qualification of a teacher; Those who have obtained teacher qualifications shall lose their teacher qualifications.
Fifteenth normal school graduates at all levels should be engaged in education and teaching in accordance with the relevant provisions of the state. The state encourages graduates from non-normal colleges to teach in primary and secondary schools or vocational schools.
Article 16 The state practices the system of teachers' posts, and the specific measures shall be formulated by the State Council.
Seventeenth schools and other educational institutions should gradually implement the appointment system for teachers. The appointment of teachers should follow the principle of equality between the two parties, and the school and the teacher sign an employment contract, which clearly stipulates the rights, obligations and responsibilities of both parties. Steps and measures for the implementation of the teacher appointment system shall be formulated by the administrative department of education of the State Council.
Chapter IV Cultivation and Training
Eighteenth people's governments at all levels and relevant departments should do a good job in normal education and take measures to encourage outstanding young people to enter normal schools at all levels. Teachers' training schools at all levels undertake the task of training primary and secondary school teachers. Non-normal schools should undertake the task of cultivating and training primary and secondary school teachers. Students in normal schools at all levels enjoy professional scholarships.
Nineteenth people's governments at all levels of education administrative departments, school departments and schools should formulate teacher training plans to carry out various forms of ideological, political and professional training for teachers.
Twentieth state organs, enterprises and institutions and other social organizations shall provide convenience and help for teachers' social investigation and social practice.
Article 21 People's governments at all levels shall take measures to cultivate and train teachers in minority areas and remote and poor areas.
chapter five
Inspection and verification
Twenty-second schools or other educational institutions shall assess teachers' political ideology, professional level, work attitude and work performance. The administrative department of education shall guide and supervise the assessment of teachers.
Twenty-third assessment should be objective, fair and accurate, and fully listen to the opinions of teachers themselves, other teachers and students.
Twenty-fourth teachers' assessment results are the basis for being hired to teach, promoting wages and implementing rewards and punishments.
Chapter vi
To be satisfied
Article 25 The average salary level of teachers shall not be lower than or higher than that of national civil servants, and it shall be gradually increased. Establish a normal promotion and salary increase system, and the specific measures shall be formulated by the State Council.
Twenty-sixth primary and secondary school teachers and vocational school teachers enjoy seniority allowance and other allowances, the specific measures shall be formulated by the administrative department of education of the State Council in conjunction with the relevant departments.
Twenty-seventh local people's governments at all levels shall give subsidies to teachers who engage in education and teaching in ethnic minority areas and remote and poor areas and graduates with technical secondary school education or above.
Twenty-eighth local people's governments at all levels and relevant departments of the State Council should give priority and preferential treatment to the construction, lease and sale of urban teachers' housing. The people's governments at the county and township levels shall provide convenience for rural primary and secondary school teachers to solve the housing problem.
Twenty-ninth teachers enjoy the same medical treatment as local civil servants; Regular physical examination of teachers, arrange teachers to rest according to local conditions. Medical institutions should provide guidance for the medical treatment of local teachers.
Thirtieth division after retirement or resignation, enjoy the retirement or resignation treatment stipulated by the state. Local people's governments at or above the county level may appropriately increase the proportion of retired primary and secondary school teachers who have been engaged in education and teaching for a long time.
Article 31 People's governments at all levels shall take measures to improve the treatment of primary and secondary school teachers who are subsidized by the state and collectively paid wages, and gradually realize equal pay for equal work with teachers who are paid by the state. Specific measures shall be formulated by the local people's governments at all levels according to the actual situation in the region.
Article 32 The treatment of teachers running schools by social forces shall be determined and guaranteed by the organizers themselves.
Chapter VII
reward
Thirty-third teachers who have made outstanding achievements in education and teaching, personnel training, scientific research, teaching reform, school construction, social services, work-study programs, etc. Commend and reward by the school. The State Council and local people's governments at all levels and their relevant departments shall commend and reward teachers who have made outstanding contributions. Teachers who have made great contributions shall be awarded honorary titles in accordance with relevant state regulations.
Article 34 The State supports and encourages social organizations or individuals to donate funds to legally established fund organizations for rewarding teachers.
Chapter VIII
Legal liability
Thirty-fifth insult, assault teachers, according to different circumstances, were given administrative sanctions or administrative penalties; Causing damage, shall be ordered to compensate for the losses; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 36 Whoever retaliates against a teacher who files a complaint, accusation or report according to law shall be ordered to make corrections by his unit or higher authorities; If the circumstances are serious, administrative sanctions may be given according to the specific circumstances. State functionaries who retaliate against teachers, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law.
Thirty-seventh teachers in any of the following circumstances shall be given administrative sanctions or dismissed by their schools, other educational institutions or educational administrative departments.
(a) deliberately not to complete the task of education and teaching, resulting in losses to education and teaching;
(two) corporal punishment of students, the education is invalid;
(three) bad conduct, insulting students, bad influence.
If a teacher falls under any of the circumstances listed in Items (2) and (3) of the preceding paragraph and the circumstances are serious enough to constitute a crime, he shall be investigated for criminal responsibility according to law.
Thirty-eighth local people's governments in violation of the provisions of this law, arrears of teachers' wages or infringement of other legitimate rights and interests of teachers, shall be ordered to make corrections within a time limit. Violation of the state financial system and financial system, misappropriation of state financial education funds, seriously hindering education and teaching work, arrears of teachers' wages, and damage to teachers' legitimate rights and interests, shall be ordered by the higher authorities to return the misappropriated funds within a time limit, and administrative sanctions shall be imposed on the persons who are directly responsible; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 39 Teachers who are dissatisfied with the actions of schools or other educational institutions that infringe upon their legitimate rights and interests, or with the handling by schools or other educational institutions, may lodge a complaint with the administrative department of education, which shall handle it within 30 days from the date of receiving the complaint. Teachers who believe that the relevant administrative departments of the local people's government have infringed upon their rights under this law may lodge a complaint with the relevant departments of the people's government at the same level or the people's government at the next higher level, and the relevant departments of the people's government at the same level or the people's government at the next higher level will handle it.
Chapter 9
Supplementary rules
Article 40 The meanings of the following terms in this Law are:
(1) Schools of all levels and types refer to schools that implement preschool education, general primary education, general secondary education, vocational education, general higher education, special education and adult education.
(2) Other educational institutions refer to children's palaces, local teaching and research offices and audio-visual educational institutions.
(3) Teachers in primary and secondary schools refer to teachers in kindergartens, special education institutions, ordinary primary and secondary schools, adult primary and secondary education institutions, vocational secondary schools and other educational institutions.
Article 41 Educational and teaching assistants in schools and other educational institutions, and teachers and teaching assistants in other types of schools may refer to the relevant provisions of this Law according to actual conditions. Teachers and teaching assistants in military academies shall be formulated by the Central Military Commission (CMC) in accordance with this Law.
Article 42 Measures for employing foreign teachers shall be formulated by the administrative department of education of the State Council.
Article 43 This Law shall come into force as of 1994 1 month 1 day.
2,
On February 7th, the mobilization meeting for the year of teachers' morality construction in the county was held in the conference hall of the county government guest house. Shang Jianghua, deputy secretary of the county party committee, Wang Peiyong, deputy director of the county people's congress, Zhu Yuanchang, deputy county magistrate, Wang, vice chairman of the county party committee and director of the United Front Work Department of the county party committee, and Zhu Huailiang, Cao, Kan Zhongdong, Wang Chaoxing, Sheng and Liu Yaozong, leaders of the county education bureau, attended the meeting. Attending the meeting were: directors of township cultural and educational offices, principals of junior middle schools, principals of adult education centers, principals of central primary schools, directors of central kindergartens, school-level cadres of county-level schools, all staff of bureaus, and key teachers at or above the county level. At the meeting, Comrade Zhu Huailiang, director of the County Education Bureau, conveyed the opinions of the Ministry of Education on further strengthening and improving the construction of teachers' morality. Comrade Li Yinguang, deputy director of the County Education Bureau and director of the county government's education supervision office, conveyed the implementation opinions of the Tancheng County Education Bureau on developing the year of teachers' morality construction in the county. The meeting was presided over by Comrade Zhu Yuanchang, and Comrade Shang Jianghua, deputy secretary of the county party committee, made an important speech at the mobilization meeting.
The meeting pointed out that "a century-long plan is based on education; Education plan, teacher-oriented; The teacher's plan is based on the teacher's morality. " Strengthening the construction of teachers' morality is an urgent need to implement the important thought of governing the country by virtue and teaching by law, implement quality education, train modern talents, strengthen the ideological and moral construction of minors, strengthen the construction of professional ethics and shape a new image of education. Therefore, strengthening the construction of teachers' morality and improving the level of teachers' morality has become an urgent and imperative task of the county education system. We must take effective measures to persistently grasp, grasp and do a good job.
The meeting stressed that in the next step, schools of all levels and types should continue to fully implement the spirit of "Several Opinions of the Central Committee and the State Council on Further Strengthening and Improving the Ideological and Moral Construction of Minors" and "Opinions of the Ministry of Education on Further Strengthening and Improving the Construction of Teachers' Morality", focus on implementing various policies, measures and systems for the construction of teachers' morality, and do a good job in the following aspects. First, the objectives and tasks of strengthening and improving the construction of teachers' morality have been further clarified. The second is to highlight the key points and do a good job in all stages of the year of building teachers' morality: do a good job in learning and education to further improve the overall quality of teachers and staff; It is necessary to carry out investigation and evaluation activities and strive to find problems accurately and deeply; We should conscientiously do a good job in rectification and constantly improve the level of teachers' morality. Third, establish and improve the long-term mechanism of teachers' morality construction: establish and improve the education guidance mechanism, management training mechanism, assessment and supervision mechanism, and reward and punishment mechanism. Fourth, strengthen echelon construction and promote the overall improvement of teachers' morality: focus on strengthening the cultivation of teachers' morality of principals and school leaders, the construction of middle-level cadres and class teachers, and the construction of young teachers' morality.
The meeting called for the year of teachers' morality construction, which was put forward as a phased key work in view of the new situation and new tasks faced by our county's education and combined with the situation of our county's teachers, and was in line with the reality of our county's teachers. Whether this activity can achieve the expected effect depends on whether the leaders, responsibilities and measures are in place. All units should take the spirit of this meeting as an opportunity, take this work as the key work in the near future, earnestly strengthen leadership, persist in it, and ensure the effectiveness. First, improve institutions and strengthen leadership; The second is to strengthen supervision and regular inspection; Third, it is necessary to widely publicize and create an atmosphere; The fourth is to grasp the * * * together to form a joint force. The construction of teachers' morality is a long-term and arduous task, a new topic forever, and the unshirkable responsibility of education departments and schools. All units should seize the opportunity of this year's teachers' morality construction activities in the county, take advantage of the situation, strive to improve the overall quality of the county's teachers, serve the healthy, coordinated and sustainable development of education in our county, and provide strong intellectual support and talent guarantee for the all-round economic and social development in Tancheng.