|
|
Chapter IX - Legal Liabilities
Article 71 In case of failure to examine and allocate educational appropriations based on budget in violation of relevant state regulations, the People's government at the same level shall see to it that the appropriations shall be allocated after examination within a limited period of time. If the violation is a serious case, the persons-in-charge held in direct responsibility and other persons directly responsible for the violation shall be punished by disciplinary sanctions according to statutes. In case of diversion or deduction of educational capitals in violation of the state financial regulations or accounting procedures, the authority at higher level shall order a replacement of the capitals diverted for other uses or deducted within a limited period of time and shall impose disciplinary sanctions upon those persons-in-charge held in direct responsibility and those directly responsible for the offence. If a crime is constituted, the criminal liabilities therein shall be investigated into according to law.
Article 72 In case some people gather a crowd to engage in an affray, mob, make troubles to the extent of disturbing the educational or teaching/learning order of schools or other educational institutions or damaging houses, grounds or other property thereof, the public security organ shall impose administrative penalties for public security. If a crime is constituted, the criminal liabilities shall be investigated into according to law. Those who have encroached upon houses, grounds other property of schools or other educational institutions shall bear corresponding civil liabilities.
Article 73 In case of failure to adopt measures upon precise knowledge of dangers with school houses or other educational or teaching/learning facilities to the result of personnel casualties and serious loss of property, the criminal liabilities of those persons-in-charge held in direct responsibility and other persons directly responsible for the damages shall be investigated into according to law.
Article 74 In case of solicitation of funds from schools or other educational institutions in violation of relevant state regulations, the government shall order a replacement of the funds solicited and shall impose disciplinary sanctions upon the persons-in-charge who are held in direct responsibility and other persons directly responsible for the violation.
Article 75 In case of establishment of schools or other educational institutions in violation of relevant state regulations, the education administrative department shall dissolve those schools or institutions so established, confiscate any illegal gains therefrom if there is any and impose disciplinary sanctions according to law upon those persons directly in charge of the matter or other persons directly responsible for the violation.
Article 76 In case of recruitment of students in violation of relevant state regulations, the education administrative department shall order a return of those students and a refund of any fees collected and shall impose disciplinary sanctions upon those persons directly in charge of the matter or other persons directly responsible for the violation according to law.
Article 77 In case of malpractice of favourism or fraudulence in enrollment of students, the education administrative department shall order a return of those students so enrolled, shall impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the malpractice according to law and, where a crime is constituted, investigate into the criminal liabilities.
Article 78 In case of solicitation of fees from education receivers in violation of relevant state regulations by schools or other educational institutions, the education administrative department shall order a return of those fees so solicited and shall impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the misconduct according to law.
Article 79 In case of malpractice in national education examinations, the education administrative department shall declare such examinations invalid and impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the malpractice according to law. In case of illegal conduction of national education examinations, the education administrative department shall declare such examinations invalid, confiscate any illegal gains where such gains exist and impose disciplinary sanctions upon those persons who are directly in charge of the matter and other persons directly responsible for the offence according to law.
Article 80 In case of awarding of academic degree credentials or schooling credentials in violation of the present Law, the education administrative department shall declare the credentials so awarded invalid, order a revoke or confiscation of those credentials, confiscate any illegal gains when such gains exist and disqualify the violator from awarding such credentials where the violation is serious.
Article 81 In case of infringement upon the legitimate rights and interests of teachers, education receivers, schools or other educational institutions in violation of the present Law to the extent of any loss or damage, the civil liabilities therefor shall be investigated into.
|
| |
|
Find out more about China Education Law, please visit Education Law |
|
|
