Laws of the Guangdong Province

Provisional Rules of the Shenzhen Special Economic Zone on School Protection

(Re-promulgated by Order 16 of the Shenzhen Municipal People' s Government on October 21, 1993)

Chapter I General Provisions

       Article 1 In order to strengthen the administration and protection of schools in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), safeguard their lawful rights and interests and maintain the normal order of teaching, and improve teaching quality, these rules are hereby formulated in accordance with the related laws, regulations of our country.

       Article 2 These rules shall apply to universities and colleges, secondary professional and technical schools, secondary schools for employees, regular secondary and primary schools, kindergartens, and sparetime schools (hereinafter all of these educational institutions are referred to as schools) which are located within the Special Zone, set up by the administrative departments of education, various enterprises and institutions, established by collective units' funding or by the contributions from overseas Chinese, compatriots of Hong Kong, Macao.

       Article 3 The property of a school shall be owned by the state if the school is established by the appropriation from the state, owned by the unit which has established the school if the school is funded by a collective unit, owned by the unit receiving contributions or by someone else according to a contract if the school is established by the contributions from overseas Chinese, compatriots from Hong Kong, Macao. Schools which are authorized by owners shall have the right to use the school property, and bear the obligations of management and protection.

       The land occupied by the schools which are owned by collective units or by contribution receivers (including the schools whose ownership is defined by a contract) shall be owned by the state.

       Article 4 Schools may use various school facilities according to stipulations and needs, and bear the obligations of protection.

Chapter II Management and Protection of Various School Facilities

       Article 5 Various school facilities shall mainly include the following items:

(1)   buildings: including teaching buildings, office buildings, scientific and technological laboratory buildings, libraries (buildings or rooms), gymnasiums (buildings or rooms), auditoriums, meeting halls, warehouses, dormitories for teachers and students, school factories, enclosing walls, etc.;

(2)   campus: including roads within schools, green belts, experimental plots, sports grounds, swimming pools, and open spaces within schools;

(3)   equipments: including various furniture, teaching aids and stationary; instruments, raw materials and equipments of laboratories, and books and reference materials; apparatus of cultural recreation, sports and fine arts, medicine and equipments; school factories' equipments and raw materials; means of transport and implements of labor, etc.

Article 6 The written files (including photographs) of all school facilities shall be

set up, a general affairs division or an administrative department shall classify and catalogue, register and tabulate, and manage these files in a unified way.

       Article 7 The method of combination of use and protection shall be adopted in the management of school facilities, the responsibilities shall be assumed by specific persons, there shall be inspections on a regular basis, and correction shall be promptly made if any problem is found.

       Article 8 If the related departments of schools or teachers, students, staff members themselves need articles, teaching aids and other articles, they shall go through the formalities of registration for borrowing.

       Article 9 All school facilities shall be made available for a school' s teaching, they shall not be lent to someone, who is no affiliated with the school, in principle. However, if there is indeed a need to do such lending, it shall be done after approval and with the precondition that there is no effect on the teaching and extra-curricular activities of the school: if the borrowing time is within one semester, the school affairs committee (or principal) shall make a decision; if the borrowing time is longer than one semester, it shall be reported to the school' s superior department for approval. During the borrowing time, the borrower shall appropriately take care of all the borrowed facilities, promptly check and return them at the end of the borrowing time, and compensate according to the cost if there is any damage.

       In case of borrowing school buildings and spaces, a borrower shall pay the charge for water supply and electricity, wear and tear expenses, or rent during the borrowing time, the rates shall be set by both parties through consultation. All these collected fees shall be entered into the administrative revenue of the school.

       If there is a need based on work during the borrowing time, a school may make a recall ahead of time, but it shall notify the borrower in advance.

       Article 10 All school facilities shall not be sold, transferred or presented as gifts. If there is a need to requisition buildings or land from a school for municipal construction, it shall be reported to the school' s superior department of education for consent, and reported to the Shenzhen Municipal People' s Government for approval.

       Article 11 Any unit or individual shall not occupy by force, destroy, or imperil various school facilities in any excuse. Violators shall be criticized, imposed on administrative sanctions, and ordered to compensate for economic loss according to the circumstances. If the circumstances are serious enough to constitute a crime, the criminal responsibility shall be investigated into according to law.

       Article 12 When any unit and individual have a dispute with a school on property or land, it shall be settled through consultation according to these rules and the guidelines of other related regulations. If a settlement cannot be reached through consultation, it shall be reported to the related superior department for decision or a legal action may be taken at the people' s court according to law.

Chapter III Management and Protection of School Environment

       Article 13 Schools shall make efforts to create a safe, beautiful, comfortable environment of study for teachers and students so that students may achieve all-round development of moral, intellectual, and physical education.

       Article 14 Any unit or individual shall not pollute the school environment, all new enterprises which discharge pollutants, waste gas and dust, and make noise to imperil the health of teachers and students and to disturb the normal teaching order shall be located 500 meters away from a school, the noise shall not exceed 50 meters 60 decibel (?). As for the enterprises which have already been established, they shall take measures to control pollution or relocate by a deadline.

       Any unit or individual shall not set up a business site to play billiard ball, electronic game within a radius of 200 meters from a school entrance; in front of a school entrance and on its both sides, there shall be no fair trade market, parking lot, and stall to be set up, and no stacking of odds and ends shall be allowed.

       Article 15 Any unit or individual shall not engage in profit-making activities within a campus to target teachers and students as consumers except for those stores which are approved to be set up within school to provide goods and services.

                  Article 16 The persons who are not affiliated with a school shall not enter the school without permit. The vehicles of the persons who are either affiliated or not affiliated with the school shall not enter or pass through the school without permit. The vehicles with permit to enter the school shall travel along designated routes and may not disturb teaching activities at school.

                  Article 17 Anyone shall not do fistfights and scuffles, kick up a row and make trouble within a school; and no one shall bring to school prohibited articles such as inflammables, explosives, toxicants, etc. and various dangerous weapons.

                  Article 18 It shall be strictly prohibited to distribute within a school the books, newspapers, journals, audio and video products advocating violence, murder, pornography, terror, superstition. There shall be determined resistance to the influence on students of gambling, heavy drinking, immoral songs, and feudal superstition activities.

                  Article 19 The relates persons who violate Articles 17, 18 of these rules shall be dealt with by schools, departments of education according to the relate rules of the state; or be handed over to departments of public security to be punished according to the related provisions of Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration. If a crime is constituted, the criminal responsibility shall be investigated into by a judicial office according to law.

Chapter IV Supplementary Provisions

                  Article 20 Various schools shall have full-time or part-time security personnel in accordance with their practical conditions, establish and improve a system of rotation of duties, and keep schools well in security.

                  Article 21 Moral encouragement or material reward shall be granted to the collectives and individuals who strictly carry out these rules and have outstanding achievements in protection of school facilities and in maintaining the normal teaching order at school. Honorary titles shall be granted to those whose achievements are extraordinary.