-
中华人民共和国教师法中英对照
中华人民共和国教师法
Teachers Law of the People's Republic
of China
第一条为了保障教师的合法权益,
建设具有
良好思想品德修养和业务素质的教师队伍,
促进
社会主义教育事
业的发展,制定本法。
Article 1 This Law is formulated for
the purpose of safeguarding teachers' legitimate
rights and
interests,
building
up
a
contingent
of
teachers
who
are
sound
in
moral
character
and
good
in
professional competence, and promoting
the development of socialist education.
第二条本法适用于在各级各类学校和其他教育机构中专门从事
教育教学工作的教师。
Article 2 This Law shall apply to
teachers specially engaged in education and
teaching at schools
of various levels
and categories or other institutions of education.
第三条教师是履行教育教学职责的专业人员,
承担教书育人,
培养社会主义事业建设者和接
班人、提
高民族素质的使命。教师应当忠诚于人民的教育事业。
Article 3 Teachers are professionals
who exercise the functions of education and
teaching and are
charged
with
the
duty
of
imparting
knowledge
and
educating
people,
training
builders
and
successors for the
socialist cause and enhancing the quality of the
nation. Teachers shall devote
themselves to the educational cause of
the people.
第四条各级人民政府应当采取措施
,
加强教师的思想政治教育和业务培训,
改善教师的工作
条件和生活条件,保障教师的合法权益,提高教师的社会地位。
Article
4
People's
governments
at
various
levels
shall
adopt
measures
to
strengthen
ideological
and
political
education
and
professional
training
of
teachers,
improve
their
working
and
living
conditions, safeguard
their legitimate rights and interests and raise
their social status.
全社会都应当尊重教师。
Teachers shall be respected in the
whole society.
第五条国务院教育行政部门主管全国的教师工作。
Article 5 The
administrative department of education under the
State Council shall be in charge of
the
work concerning teachers in the whole country.
国务院有关部门在各自职权范围内负责有关的教师工作。
The departments concerned
under the State Council shall, within the scope of
their functions and
powers, be
responsible for the relevant work concerning
teachers.
学校和其他教育机构根据国家规定,自主进行教师管理工作。
Schools and other
institutions of education shall administer the
affairs of
teachers on their own
according to the relevant provisions of
the State.
第六条每年九月十日为教师节。
Article 6 September 10 of each year is
designated as Teachers' Day.
第二章权利和义务
CHAPTER II RIGHTS AND OBLIGATIONS
第七条教师享有下列权利:
Article 7 Teachers shall
enjoy the following rights:
(一)进行教育教学活动,开展教育教学改革和实验;
(1)
to
conduct
educational
and
teaching
activities
and
carry
out
reform
and
experiment
in
education and teaching;
(二)从事科学研究、学术交流,参加专业的学术团体,在学术活动中充分发表意见;
(2) to engage in
scientific research and academic exchanges, join
professional academic societies
and
fully express their views in academic activities;
(三)指导学生的学习和发展,评定学生的品行和学业成绩;
(3) to give guidance to
students in their studies and development and
evaluate students' conduct
and academic
achievements;
(四)按时获取工资报酬,享
受国家规定的福利待遇以及寒暑假期的带薪休假;
(4) to obtain salaries and
remunerations on schedule and enjoy the welfare
benefits prescribed by
the State and
the leave with pay in winter and summer vacations;
(五)
对学校教育教学、
管理工作和教育行政部门的工作提出意见和建议,
通过教职工代表
大会或者其他形式,参与学校的民主管理;
(5) to put forward opinions and
suggestions regarding education, teaching,
management of schools
and the work of
the administrative departments of education; and
to participate in the democratic
management of schools through
congresses of teachers, staff and workers, or
through other forms;
and
(六)参加进修或者其他方式的培训。
(6) to take refresher
courses or other forms of training.
第八条教师应当履行下列义务:
Article 8 Teachers shall perform the
following obligations:
(一)遵守宪法、法律和职业道德,为人师表;
(1)
to
abide
by
the
Constitution,
laws
and
professional
ethics,
and
be
paragons
of
virtue
and
learning;
(二)贯彻国
家的教育方针,遵守规章制度,执行学校的教学计划,履行教师聘约,完成教
育教学工作
任务;
(2) to
implement the educational policies of the State,
observe relevant rules and regulations, carry
out
schools'
teaching
plans,
fulfil
teaching
contracts
and
accomplish
educational
and
teaching
tasks;
(三)
对学生进行宪法所确定的基本原则的教育和爱国主义、
民族团结的教育,
p>
法制教育以
及思想品德、文化、科学技术教育,组织、带领学生开展
有益的社会活动;
(3)
to
conduct
education
among
students
in
the
basic
principles
defined
in
the
Constitution,
education in
patriotism, national unity and the legal system,
and education in ideology, morality,
culture, science and technology, and to
organize and lead students to engage in beneficial
social
activities;
< br>(四)
关心、
爱护全体学生,
尊
重学生人格,
促进学生在品德、
智力、
体质等方面全面发展;
(4)
to
concern
themselves
with
all
students,
love
them,
respect
their
dignity
and
promote
their
all-round development in such aspects
as morality, intelligence and physique;
(五)
制止有害于学生的行为或者其
他侵犯学生合法权益的行为,
批评和抵制有害于学生健
康成长的
现象;
(5) to stop
acts that are harmful to students and other acts
that encroach upon students' legitimate
rights and interests, criticise and
combat the phenomena that impair the sound growth
of students;
and
(六)不断提高思想政治觉悟和教育教学业务水平。
(6)
to
ceaselessly
raise
their
ideological
level
and
political
consciousness
and
improve
their
professional competence in education
and teaching.
第九条为保障教师完成教育教
学任务,各级人民政府、教育行政部门、
有关部门、
学校和其<
/p>
他教育机构应当履行下列职责:
Article
9
To
guarantee
that
teachers
complete
their
educational
and
teaching
tasks,
people's
governments
at
various
levels,
administrative
departments
of
education,
relevant
departments,
schools and other institutions of
education shall perform the following functions
and duties;
(一)提供符合国家安全标准的教育教学设施和设备;
(1) to provide educational
and teaching facilities and equipment that are up
to the safety standards
set by the
State;
(二)提供必需的图书、资料及其他教育教学用品;
(2) to provide necessary
books, reference materials and other articles for
education and teaching;
(三)
对教师在教育教学、科学研究中的创造性工作给以鼓励和帮助;
(3)
to
encourage
and
help
teachers
in
their
creative
work
in
education,
teaching
and
scientific
research; and
(四
)支持教师制止有害于学生的行为或者其他侵犯学生合法权益的行为。
(4) to back up teachers in
their efforts to stop acts that are harmful to
students and other acts that
encroach
upon students' legitimate rights and interests.
第三章资格和任用
CHAPTER III QUALIFICATIONS
AND EMPLOYMENT
第十条国家实行教师资格制度。
Article 10 The State shall institute a
system of qualifications for teachers.
中国公民凡遵守宪法和法律,
热爱教育事业,
< br>具有良好的思想品德,
具备本法规定的学历或
者经国家教
师资格考试合格,有教育教学能力,经认定合格的,可以取得教师资格。
All Chinese citizens, who
abide by the Constitution and laws, take a keen
interest in education,
have sound
ideological and moral character, possess a record
of formal schooling as stipulated in
this
Law
or
have
passed
the
national
teachers'
qualification
examinations,
have
educational
and
teaching ability may,
after being evaluated as qualified, obtain
qualifications for teachers.
第十一条取得教师资格应当具备的相应学历是:
Article
11
To
obtain
qualifications
for
teachers,
corresponding
records
of
formal
schooling
are
required as follows:
(一)取得幼儿园教师资格,应当具备幼儿师范学校毕业及其以上学历;
(1)
to
obtain
qualifications for
a
teacher
in
a
kindergarten,
one
shall
be
a
graduate
of
an
infant
normal
school or upwards;
(二)取得小学教
师资格,应当具备中等师范学校毕业及其以上学历;
(2)
to
obtain
qualifications
for
a
teacher
in
a
primary
school,
one
shall
be
a
graduate
of
a
secondary normal school or
upwards;
(三)
取得初级
中学教师、初级职业学校文化、专业课教师资格,
应当具备高等师范专科学
校或者其他大学专科毕业及其以上学历;
(3)
to
obtain
qualifications
for
a
teacher
in
a
junior
middle
school,
or
a
teacher
for
general
knowledge courses
and specialized courses in a primary vocational
school, one shall be a graduate
of
a
specialized
higher
normal
school,
or
other
colleges
or
universities
with
two
or
three
years'
schooling or upwards;
(四)
取得高级中学教师资格和中等
专业学校、技工学校、职业高中文化课、专业课教师资
格,应当具备高等师范院校本科或
者其他大学本科毕业及其以上学历;取得中等专业学校、
技工学校和职业高中学生实习指
导教师资格应当具备的学历,由国务院教育行政部门规定;
(4)
to
obtain
qualifications
for
a
teacher
in
a
senior
middle
school,
or
a
teacher
for
general
knowledge courses
and specialized courses in a secondary vocational
school, technical school or a
vocational
high
school,
one
shall
be
a
graduate
of
a
normal
college
or
other
colleges
or
universities with four years' schooling
or upwards; the corresponding record of formal
schooling
for
the
qualifications
of
instructors
who
give
guidance
to
students'
fieldwork
at
secondary
vocational
schools,
technical
schools
or
vocational
high
schools
shall
be
prescribed
by
the
administrative department of education
under the State Council;
(五
)取得高等学校教师资格,应当具备研究生或者大学本科毕业学历;
(5)
to
obtain
qualifications
for
a
teacher
in
an
institution
of
higher
learning,
one
shall
be
a
postgraduate or university graduate;
and
(六)取得成人教育教师资格,应当按照成人教育的
层次、类别,分别具备高等、中等学校
毕业及其以上学历。
(6) to obtain
qualifications for a teacher for adult education,
one shall be a graduate respectively of
an
institution
of
higher
learning,
a
secondary
school
or
upwards
depending
on
the
level
and
category of the adult education.
不具备本法规定的教师资格学历的公民,申请获取教师资格,
必须通过国家教师资格考试。
国家教师资格考试制度由国务院规定。
Citizens who, without
the records of formal schooling for teachers'
qualifications as stipulated in
this
Law,
apply
for
teachers'
qualifications
must
pass
the
national
teachers'
qualification
examinations.
The national teachers' qualifications examination
system shall be prescribed by the
State
Council.
第十二条本法实施前已经在学校或者其他
教育机构中任教的教师,未具备本法规定学历的,
由国务院教育行政部门规定教师资格过
渡办法。
Article
12
The
administrative
department
of
education
under
the
State
Council
shall
work
out
transition measures on qualifications
for teachers who, before the enforcement of this
Law, have
been teaching at schools or
other institutions of education, but do not have
the record of formal
schooling as
stipulated in this Law.
第十三
条中小学教师资格由县级以上地方人民政府教育行政部门认定。
Article 13 The
qualifications for teachers in primary and middle
schools shall be evaluated and
approved
by the administrative departments of education
under the local people's governments at
or above the county level.
中等专业学校、
技工学校的教师资格由县级以上地方人民政府教
育行政部门组织有关主管部
门认定。
The
qualifications
for
teachers
in
secondary
vocational
schools
and
technical
schools
shall
be
evaluated
and
approved
by
the
relevant
competent
departments,
under
the
auspices
of
the
administrative
departments
of
education
under
the
local
people's
governments
at
or
above
the
county level.
普通高等学校的教师资格由国务院或者省、
< br>自治区、
直辖市教育行政部门或者由其委托的学
校认定。
The
qualifications for teachers of regular
institutions of higher education shall be
evaluated and
approved by the
administrative departments of education under the
State Council, or of provinces,
autonomous
regions,
or
municipalities
directly
under
the
Central
Government,
or
by
schools
authorized by such
departments.
具备本法规定的学历或者经国家
教师资格考试合格的公民,要求有关部门认定其教师资格
的,有关部门应当依照本法规定
的条件予以认定。
If
a
citizen
who
possesses
a
record
of
formal
schooling
as
stipulated
in
this
Law,
or
who
has
passed
the
national
teachers'
qualification
examinations,
requests
the
departments
concerned
to
evaluate
and
approve
his
qualifications
for
teachers,
the
departments
concerned
shall
give
evaluation and approval in accordance
with the requirements provided for in this Law.
取得教师资格的人员首次任教时,应当有试用期。
Those
with
qualifications
for
teachers
who
are
for
the
first
time
appointed
as
teachers
shall
undergo a probation period.
第十四条受到剥夺政治权利或者故意犯罪受到有期徒刑以上刑事处罚的,不能取得教师资
格;已经取得教师资格的,丧失教师资格。
Article
14
Those
who
have
been
deprived
of
political
rights
or
subjected
to
fixed-term
imprisonment or
even more severe punishment for intentional crime
shall not be allowed to obtain
qualifications for teachers; and those
who have already obtained qualifications for
teachers shall
forfeit such
qualifications.
第十五条各级师范学校毕
业生,应当按照国家有关规定从事教育教学工作。
Article
15
Graduates
of
normal
schools
at
various
levels
shall
be
engaged
in
education
and
teaching in accordance with the
relevant provisions of the State.
国家鼓励非师范高等学校毕业生到中小学或者职业学校任教。
The State shall encourage
graduates of non-normal schools of higher learning
to teach at primary
and secondary
schools or vocational schools.
第十六条国家实行教师职务制度,具体办法由国务院规定。
Article
16
The
State
shall
institute
a
system
of
professional
titles
for
teachers.
The
specific
measures shall be
worked out by the State Council.
第十七条学校和其他教育机构应当逐步实行教师聘任制。
教师的聘任应当遵
循双方地位平等
的原则,由学校和教师签订聘任合同,明确规定双方的权利、义务和责任
。
Article
17
Schools
and
other
institutions
of
education
shall
gradually
institute
a
system
of
appointment
for
teachers.
Appointment
of
teachers
shall
be
based
on
the
principle
of
equality
between both
parties. The school and the teacher shall sign an
appointment contract defining each
other's rights, obligations and
responsibilities.
实施教师聘任制的步骤、办法由国务院教育行政部门规定。
Steps and measures for
implementing the appointment system for teachers
shall be formulated by
the
administrative department of education under the
State Council.
第四章培养和培训
CHAPTER IV CULTIVATION AND TRAINING
第十八条各级人民政府和有关部门应当办好师范教育,
并采取措施,
鼓励优秀青年进入各级
师范学校
学习。各级教师进修学校承担培训中小学教师的任务。
Article
18
People's
governments
at
various
levels
and
the
departments
concerned
shall
make
a
success of normal school education and
adopt measures to encourage outstanding youth to
study at
normal schools at various
levels. Schools for teachers' advanced studies at
different levels shall
undertake the
task of training teachers for primary and
secondary schools.
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