CHAPTER III SCHOOLS AND OTHER INSTITUTIONS OF EDUCATION
第三章 學校及其他教育機構
Article 25 The State formulates plans for the development of education and establishes and runs schools and other institutions of education.
第二十五條 國家制定教育發展規劃,并舉辦學校及其他教育機構。
The State encourages enterprises, institutions, public organizations and other social organizations, as well as individual citizens to establish and run schools or other institutions of education in accordance with law.
國家鼓勵企業事業組織、社會團體、其他社會組織及公民個人依法舉辦學校及其他教育機構。
No organization or individual may establish or run a school or any other institution of education for profit-making purposes.
任何組織和個人不得以營利為目的舉辦學校及其他教育機構。
Article 26 For the establishment of a school or any other institution of education, the following basic conditions shall be fulfilled:
第二十六條 設立學校及其他教育機構,必須具備下列基本條件:
(1) having an organizational structure and rules and regulations;
(一)有組織機構和章程;
(2) having qualified teachers;
(二)有合格的教師;
(3) having teaching premises, facilities and equipment that are up to the required standards; and
(三)有符合規定標準的教學場所及設施、設備等;
(4) having the necessary funds for running the school as well as a stable source of funding.
(四)有必備的辦學資金和穩定的經費來源。
Article 27 The establishment, modification or termination of a school or any other institution of education shall, in accordance with the relevant regulations of the State, go through the formalities of examination, verification, approval and registration or filing for the record.
第二十七條 學校及其他教育機構的設立、變更和終止,應當按照國家有關規定辦理審核、批準、注冊或者備案手續。
Article 28 Schools and other institutions of education shall exercise the following rights:
第二十八條 學校及其他教育機構行使下列權利:
(1) to administer school affairs independently in accordance with their rules and regulations;
(一)按照章程自主管理;
(2) to organize and conduct educational and teaching activities;
(二)組織實施教育教學活動;
(3) to enroll students or other educatees;
(三)招收學生或者其他受教育者;
(4) to manage school roll and grant awards to or take disciplinary measures against educatees;
(四)對受教育者進行學籍管理,實施獎勵或者處分;
(5) to grant to educatees appropriate education certificates;
(五)對受教育者頒發相應的學業證書;
(6) to recruit teachers, other staff and workers and grant awards to or take disciplinary measures against them;
(六)聘任教師及其他職工,實施獎勵或者處分;
(7) to manage and use the facilities and financial resources of their own;
(七)管理、使用本單位的設施和經費;
(8) to brook no unlawful interference in their educational and teaching activities by any organization or individual;
(八)拒絕任何組織和個人對教育教學活動的非法干涉;
(9) other rights prescribed by laws and regulations.
(九)法律、法規規定的其他權利。
The State protects the lawful rights and interests of schools and other institutions of education from infringement.
國家保護學校及其他教育機構的合法權益不受侵犯。
Article 29 Schools and other institutions of education shall fulfil the following obligations:
第二十九條 學校及其他教育機構應當履行下列義務:
(1) to observe laws and regulations;
(一)遵守法律、法規;
(2) to implement the State's educational policies, apply the standards set by the State for education and teaching and guarantee the quality of education and teaching;
(二)貫徹國家的教育方針,執行國家教育教學標準,保證教育教學質量;
(3) to safeguard the lawful rights and interests of the educatees, teachers and other staff and workers;
(三)維護受教育者、教師及其他職工的合法權益;
(4) to provide convenience in appropriate ways for educatees and their guardians to have access to the educatees' academic performance and other relevant information;
(四)以適當方式為受教育者及其監護人了解受教育者的學業成績及其他有關情況提供便利;
(5) to collect fees according to the regulations of the State and publicize the individual items of such fees; and
(五)遵照國家有關規定收取費用并公開收費項目;
(6) to be subjected to supervision according to law.
(六)依法接受監督。
Article 30 Organizations or individuals that establish and run schools or other institutions of education may, in accordance with the relevant regulations of the State, determine the management system for the schools or other institutions of education that they establish and run.
第三十條 學校及其他教育機構的舉辦者按照國家有關規定,確定其所舉辦的學校或者其他教育機構的管理體制。
The president or the leading administrator of a school or any other institution of education shall be a citizen of the nationality of the People's Republic of China, who has settled down within the territory of China and meets the qualifications for the post prescribed by the State, and he or she shall be appointed or removed in accordance with the relevant regulations of the State. The president of a school shall be in charge of the school's teaching and administration.
學校及其他教育機構的校長或者主要行政負責人必須由具有中華人民共和國國籍、在中國境內定居、并具備國家規定任職條件的公民擔任,其任免按照國家有關規定辦理。學校的教學及其他行政管理,由校長負責。
Schools and other institutions of education shall, in accordance with the relevant regulations of the State guarantee that teachers, staff members and workers participate in the democratic management and supervision through the congress of teachers, staff members and workers with teachers as its main body, or through other forms.
學校及其他教育機構應當按照國家有關規定,通過以教師為主體的教職工代表大會等組織形式,保障教職工參與民主管理和監督。
Article 31 A school or any other institution of education that meets the requirements for a legal person shall acquire the status of a legal person from the date on which its establishment is approved or it is registered.
第三十一條 學校及其他教育機構具備法人條件的,自批準設立或者登記注冊之日起取得法人資格。
A school or any other institution of education shall, in civil activities, enjoy civil rights and bear civil liabilities according to law.
學校及其他教育機構在民事活動中依法享有民事權利,承擔民事責任。
The State assets in a school or any other institution of education shall be owned by the State.
學校及其他教育機構中的國有資產屬于國家所有。
Factories run by schools or other institutions of education shall bear civil liabilities independently.
學校及其他教育機構興辦的校辦產業獨立承擔民事責任。