Measures on the Appointment and Management of Vice-principals for Rule of Law in Primary and Secondary Schools

Promulgation Date: 2021-12-27
Title: Measures on the Appointment and Management of Vice-principals for Rule of Law in Primary and Secondary Schools
Document Number:教育部令第52号
Expiration date: 
Promulgating Entities: Ministry of Education
Source of text: http://www.moe.gov.cn/srcsite/A02/s5911/moe_621/202202/t20220217_599920.html

Measures on the Appointment and Management of Vice-principals for Rule of Law in Primary and Secondary Schools

Article 1: These Measures are drafted on the basis of the Education Law, The Law on Protection of Minors, and the Law on the Prevention of Juvenile Delinquency, so as to improve the governance system of primary and secondary schools, to complete mechanisms for protecting students rights and interests, to further regulate the appointment and management of vice-principals for rule of law in primary and secondary schools, and to promote the healthy growth of minors.

Article 2: These Measures apply to the appointment and management of vice-principals for rule of law in regular primary and secondary schools, secondary vocational schools, special education schools, and specialized schools (hereinafter collectively 'schools').

Article 3: "Vice-principals for rule of law" as used in this law refers to persons recommended or delegated by the people's courts, people's procuratorates, public security organs, and departments for judicial administration, that have been appointed by administrative departments for education or schools to perform vice-principal operations in schools part-time, and assist in carrying out efforts such as legal education, student protection, security management, crime prevention, and governance in accordance with law.

Article 4: In conjunction with the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice, the administrative departments for education under the State Council are to draft macro policies on the appointment and management of vice-principals for rule of law, and coordinate and guide localities in carrying out efforts such as on the recommendations, appointments, training, evaluation, assessment, and awarding of vice-principals for rule of law.

In collaboration with the people's courts, people's procuratorates, public security organs, and departments of judicial administration, the administrative departments for education of local people's governments at the county level or above are responsible for efforts to appoint and manage vice-principals for rule of law for schools in that area.

Localities with the capacity may establish interdepartmental joint conferences for efforts related to schools' vice-principals for rule of law, participated in by the administrative departments for education, people's courts, people's procuratorates, public security organs, and judicial administration departments, to advance that regions' efforts on the appointment and management of school's vice-principals for rule of law.

Article 5: During their period of service, vice-principals for rule of law are to carry out the following efforts:

(1) Carrying out legal education. Promoting study and publicity on Xi JinPing thought on the rule of law, participating in the drafting of schools' plans for legal education work, assisting the school in innovating the content and shape of legal education, and take on or organize the implementation of at least 4 class hours each year while serving in the school mainly on education about the practice of law and improving the focus and efficacy of legal education. Carry out legal publicity for teaching staff, guiding and assisting teachers of courses such as on ethics and law in carrying out legal education.

(2) Protecting students' rights and interests. Participate in the drafting and implementation of school's systems for the protection of students' rights and interests, participate in the student protection committee and organizations such as on student bullying, and guide and oversee schools' implementation of duties to protect minors to protect students' rights and interests in accordance with law.

(3) Prevention of Juvenile Delinquency. Guide schools in conducting focused education on the prevention of juvenile delinquency for minor students, and strengthen management and education for students with negative conduct.

(4) Participation in Safety Management. Guide schools in improving safety management systems, coordinating and promoting the establishment of school safety area systems, assist schools in completing mechanisms for prevention and handling of safety accidents, preside over or participate in mediation negotiations on school safety accidents, guide schools in lawfully handling disputes over safety accidents, and stop conduct infringing the lawful rights and interests of the school, teachers, and students.

(5) Implementing or guiding the implementation of educational discipline. Assist schools, public security organs, and judicial administration departments in reprimanding or giving corrective education to students with negative conduct or serious negative conduct in accordance with laws and relevant regulations. As needed based on schools' actual conditions, participate in the establishment of working mechanisms for student education protections, conducting specialized tutoring and corrections for students that need it.

(6) Guide governance in accordance with law. Assist schools in establishing and completing school rules, improve all types of rule systems, participate in school discipline evaluations, assist in handling cases involving laws and complaints, enter the appeals committee, participate in handling student and teacher appeals, and assist in strengthening communication and contacts with the community, families, and other aspects of society.

(7) Guiding and assisting schools to perform other duties prescribed by laws, regulations, and rules.

Article 6: people's courts, people's procuratorates, public security organs, and departments of judicial adminstration (hereinafter collectively "dispatching organs") shall select and recommend in-service personnel that meet the following requirements to serve as vice-principals for rule of law.

(1) Good political calibre, exceptional character, proper workstyle, strong sense of responsibility;

(2) Relatively rich specialized legal knowledge and legal practice experience, having engaged in legal work for 3 or more years;

(3) physically and psychologically healthy, enthusiastic about education work, understand education and teaching, as well as the physical and psychological characteristics of students, concerned about students' healthy growth.

(4) Have relatively strong capacities for verbal expression, communication, organization, and coordination.

Retired persons that meet the above requirements and are less than 65 years of age may also serve as vice-principals for rule of law upon recommendation.

Article 7: The administrative departments for education shall draft plans for the appointment of vice-principals for rule of law through consultation with relevant departments, and collaborate with the dispatching state organs to comprehensive consider schools' needs and the facilitation of work; coordinating determining and planning arrangements for vice-principals for rule of law, giving priority to allocating vice-principals for rule of law to schools in remote and rural regions as well as weaker urban schools.

Article 8: Every school shall allot at least 1 vice-principal for rule of law. and schools with a larger number of teachers and students or with the need may appoint between 2-5 vice-principals for rule of law.

As necessary for work, 1 person may concurrently serve as the vice-principal for rule of law at 2 schools.

Article 9: In consultation with relevant departments, the administrative departments for education of people's governments at the county or districted-city level may organize a team related to vice-principals for rule of law comprised of personnel from different dispatching organs and serving the schools in that area.

Article 10: The administrative departments for education are to collaborate with dispatching organs to establish a pool of candidates for vice-principals for rule of law, recommending that persons who meet the requirements be included in the pool, and dynamically adjusting it.

The administrative departments for education are to organize schools based on their needs to appoint vice-principals for rule of law from the pool on their own or through unified arrangements, based on the principles of convenience and convenience, and confirm the appointments after consultation with relevant parties.

Article 11: The appointing schools shall issue letters of appointment to vice-principals for rule of law. The term of the appointment is generally to be 3 years, and consecutive appointments may be made at the conclusion of an appointment.

Where vice-principals for rule of law that have already been appointed are unfit or unable to serve because of changes in the dispatching organ or for other reasons, this shall be promptly reported and the departments in charge of education are to collaborate with the dispatching organ to make a new recommendation or designation within 30 days.

Article 12: The administrative departments for education shall collaborate with the dispatching organs to draft a training plan and program for vice-principals for rule of law, include it in the training plans for teachers and principals, and arrange funding to carry out training fro vice-principals for rule of law. The training shall include content in areas such as political theory, the protection of minors, education law and policy, mental health education, and school safety management.

At least 8 class hours of training shall be received before serving as a vice-principal for rule of law. During their term, they are to participate in relevant training in light of the actual circumstances.

Article 13: The dispatching organs are to employ necessary measures to ensure that the vice-principals for rule of law they send have the necessary work time and other requirements during their service at the school, and encourage and support their successful performance of their duties.

In accordance with these measures, the vice-principals for rule of law shall actively participate in the work of the school and in training, regularly going to the school to work. Vice-principals for rule of law are encouraged to use information technology in participating in the school's work.

Article 14: Schools shall include supporting vice-principals for rule of law's performance of duties in overall work plans, actively introduce relevant conditions of the school to the vice-principals for rule of law, regularly consolidate the needs of teachers and staff, students and their parents for legal services and give prompt feedback to the vice-principals for rule of law, and cooperate with the vice-principals for rule of law to complete related work. The vice-principals for rule of law shall be communicated with prior to meetings and activities that are related to the performance of their duties and they shall be notified to participate.

Schools shall consider actual conditions to provide necessary facilitation and conditions for vice-principals for rule of law's performance of their duties.

The basic situation and work duties of vice-principals for rule of law shall be announced in schools in an appropriate manner.

Article 15: Based on relevant provisions, the dispatching organs and administrative departments for education may give room, board, and transportation subsidies to vice-principals for rule of law serving in schools in remote rural areas or where transportation is inconvenient.

Article 16: Schools shall establish systems for assessing the work of vice-principals for rule of law and make an annual assessment of the work situation.

When schools make assessments of vice-principals for rule of law, they shall hear the comments of teachers, staff, students, and parents, form an assessment outcome that is objective and fair, and report the outcome to the departments for education which will give feedback to the dispatching organs.

Article 17: The dispatching organs shall include service as a vice-principal for rule of law as part of the relevant personnel's workload and clarify that it is part of evaluations, and materials such as the schools' work assessments the vice-principals for rule of law's narrative work report shall be important bases for their work evaluations, promotions, advancement, and awards for meritorious contribution.

Article 18: Local administrative departments for education shall periodically conduct appraisals of the performance of duties by vice-principals for rule of law in that region, and shall give commendations and awards to vice-principals for rule of law that have made outstanding contributions, or jointly give commendations and awards with the dispatching organs.

Judicial administration departments shall make vice-principals for rule of law's performance of their duties an important aspect of dispatching organs performance of their responsibility to have "those who enforce the law, teach the law" and include it in the content of work evaluations. Dispatching organs and schools recommendations or appointments of vice-principals for rule of law with outstanding accomplishments shall be an important consideration in award selections for popular legal education.

All levels of administrative departments for education, in conjunctions with dispatching organs, shall give commendations and awards in accordance with provisions to organizations and individuals that have notable accomplishments in organizing and carrying out efforts on vice-principals for rule of law in primary and secondary schools.

Article 19: Where schools appoint off-campus legal tutors from other law enforcement organs, or legal education and legal service institutes, implementation is to be in reference to these Measures.

Where kindergartens appoint vice-principals for rule of law, their appointment and management are to be conducted with reference to these Measures.

Article 20: These measures take effect on May 1, 2022.