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中华人民共和国教师法
发布时间:2011-8-31 11:36:00||  点击:1987次||  文章分类:翻译案例||  发布人:翻译家(Fanyijia.com)


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,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;

(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,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、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.

非师范学校应当承担培养和培训中小学教师的任务。

Non-normal schools shall undertake the task of cultivating and training primary and secondary school teachers.

各级师范学校学生享受专业奖学金。

Students of normal schools at various levels shall enjoy professional scholarships.

第十九条各级人民政府教育行政部门、学校主管部门和学校应当制定教师培训规划,对教师进行多种形式的思想政治、业务培训。

Article 19 The administrative departments of education under the people's governments at various levels, the departments in charge of school affairs and the schools shall work out teachers' training programmes and conduct various forms of ideological, political and professional training among teachers.

第二十条国家机关、企业事业单位和其他社会组织应当为教师的社会调查和社会实践提供方便,给予协助。

Article 20 State organs, enterprises, institutions and other social organizations shall provide convenience and assistance to teachers in their social investigation and social practice.

第二十一条各级人民政府应当采取措施,为少数民族地区和边远贫困地区培养、培训教师。

Article 21 People's governments at various levels shall adopt measures to cultivate and train teachers for regions inhabited by national minorities and for outlying and poverty-stricken areas.

第二十二条学校或者其他教育机构应当对教师的政治思想、业务水平、工作态度和工作成绩进行考核。

Article 22 Schools or other institutions of education shall conduct assessment of teachers' political awareness and ideological level, professional qualifications, attitude towards work and their performances.

教育行政部门对教师的考核工作进行指导、监督。

The administrative departments of education shall guide and supervise the assessment work for teachers.

第二十三条考核应当客观、公正、准确,充分听取教师本人、其他教师以及学生的意见。

Article 23 Assessment shall be conducted in an objective, fair and accurate manner and in the process of assessment, opinions from teachers themselves, their colleagues and students shall be taken into full consideration.

第二十四条教师考核结果是受聘任教、晋升工资、实施奖惩的依据。

Article 24 The assessment results shall be the basis for teachers' appointment and pay rise as well as rewards and punishments.

第二十五条教师的平均工资水平应当不低于或者高于国家公务员的平均工资水平,并逐步提高。建立正常晋级增薪制度,具体办法由国务院规定。

Article 25 Teachers' average salary shall not be lower or shall be higher than that of State public servants and shall be gradually raised. A regular system for promotion and pay rise shall be established, and the specific measures therefor shall be formulated by the State Council.

第二十六条中小学教师和职业学校教师享受教龄津贴和其他津贴,具体办法由国务院教育行政部门会同有关部门制定。

Article 26 Teachers of primary and secondary schools and vocational schools shall enjoy allowances commensurate with the length of their teaching and other allowances, and the specific measures therefor shall be formulated by the administrative department of education under the State Council in conjunction with the departments concerned.

第二十七条地方各级人民政府对教师以及具有中专以上学历的毕业生到少数民族地区和边远贫困地区从事教育教学工作的,应当予以补贴。

Article 27 Local people's governments at various levels shall grant subsidies to teachers and graduates from secondary vocational schools or from schools at higher levels who engage themselves in education and teaching in regions inhabited by national minorities or in outlying and poverty-stricken areas.

第二十八条地方各级人民政府和国务院有关部门,对城市教师住房的建设、租赁、出售实行优先、优惠。

Article 28 Local people's governments at various levels and the departments concerned under the State Council shall give priority and preferential treatment to the construction, renting and sale of houses for teachers in urban areas.

县、乡两级人民政府应当为农村中小学教师解决住房提供方便。

People's governments at the county and township levels shall provide conveniences for primary and secondary school teachers in rural areas in solving the housing problems.

第二十九条教师的医疗同当地国家公务员享受同等的待遇;定期对教师进行身体健康检查,并因地制宜安排教师进行休养。

Article 29 Teachers shall enjoy equal treatment in medical care as the State public servants in the localities. They shall be given regular health check-ups and shall enjoy rest and recuperation holidays arranged in the light of local conditions.

医疗机构应当对当地教师的医疗提供方针。

Medical institutions shall provide conveniences in medical care for teachers in the localities.

第三十条师退休或者退职后,享受国家规定的退休或者退职待遇。

Article 30 After retirement or quitting work, teachers shall enjoy the material benefits as prescribed by the State.

县级以上地方人民政府可以适当提高长期从事教育教学工作的中小学退休教师教的退休金比例。

Local people's governments at or above the county level may appropriately raise the ratio of pensions for the retired primary and secondary school teachers who have long been engaged in education and teaching.

第三十一条各级人民政府应当采取措施,改善国家补助、集体支付工资的中小学教师的待遇,逐步做到在工资收入上与国家支付工资的教师同工同酬,具体办法由地方各级人民政府根据本地区的实际情况规定。

Article 31 People's governments at various levels shall adopt measures to improve the material benefits of teachers who are paid, with subsidies from the State, by the collectives, gradually making sure that such teachers receive equal pay for equal work with teachers who are paid by the State. The specific measures therefor shall be formulated by the local people's governments at various levels in the light of their actual local conditions.

第三十二条社会力量所办学校的教师的待遇,由举办者自行确定并予以保障。

Article 32 The material benefits of teachers at schools run by different sectors of the society shall be determined and guaranteed by the sponsors themselves.

第三十三条教师在教育教学、培养人才、科学研究、教学改革、学校建设、社会服务、勤工俭学等方面成绩优异的,由所在学校予以表彰、奖励。

Article 33 Teachers who have achieved excellent results in education and teaching, in the training of personnel, and in scientific research, educational reform, school development, social services and work-study programmes shall be commended and awarded by the schools which they belong to.

国务院和地方各级人民政府及其有关部门对有突出贡献的教师,应当予以表彰、奖励。

Teachers who have made outstanding contributions shall be commended and awarded by the State Council, the local people's governments at various levels and the relevant departments under them.

对有重大贡献的教师,依照国家有关规定授予荣誉称号。

Teachers who have made major contributions shall be conferred honorary titles in accordance with relevant provisions of the State.

第三十四条国家支持和鼓励社会组织或者个人向依法成立的奖励教师的基金组织捐助资金,对教师进行奖励。

Article 34 The State shall encourage and support social organizations and individuals to donate money to foundations established according to law for awarding teachers.

第三十五条侮辱、殴打教师的,根据不同情况,分别给予行政处分或者行政处罚;造成损害的,责令赔偿损失;情节严重,构成犯罪的,依法追究刑事责任。

Article 35 Anyone who insults or assaults a teacher shall be given an administrative sanction or penalty depending on the different circumstances; those who have caused losses or injury shall be ordered to compensate for the losses; and if the circumstances are serious enough to constitute a crime, the offender shall be investigated for criminal responsibility according to law.

第三十六条对依法提出申诉、控告、检举的教师进行打击报复的,由其所在单位或者上级机关责令改正;情节严重的,可以根据具体情况给予行政处分。

Article 36 Anyone who retaliates against the teachers who have made complaints, charges against or exposures of, any organization or individual in accordance with the law shall be ordered by his or her unit or by the authorities at a higher level to make a rectification; if the circumstances are serious, the offender may be given an administrative sanction in the light of the actual conditions.

国家工作人员对教师打击报复构成犯罪的,依照刑法第一百四十六条的规定追究刑事责任。

State functionaries who retaliate against teachers, if the cases constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law.

第三十七条教师有下列情形之一的,由所在学校、其他教育机构或者教育行政部门给予行政处分或者解聘。

Article 37 Teachers involved in any of the following circumstances shall be given administrative sanctions or dismissed by their schools, other institutions of education or administrative departments of education:

(一)故意不完成教育教学任务给教育教学工作造成损失的;

(1) intentionally not accomplishing educational and teaching tasks and thus causing losses to educational and teaching work;

(二)体罚学生,经教育不改的;

(2) imposing corporal punishments on students and refusing to mend their way after being criticized;

(三)品行不良、侮辱学生,影响恶劣的。

(3) having improper conduct and insulting students, thus making very bad impressions.

教师有前款第(二)项、第(三)项所列情形之一,情节严重,构成犯罪的,依法追究刑事责任。

Teachers who are involved in any of the circumstances specified in item (2) or (3) of the preceding paragraph, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law.

第三十八条地方人民政府对违反本法规定,拖欠教师工资或者侵犯教师其他合法权益的,应当责令其限期改正。

Article 38 The local people's governments shall order anyone who, in violation of the provisions of this Law, defaults on paying teachers' salaries or infringes upon other legitimate rights and interests of teachers, to make a rectification within a specified time limit.

违反国家财政制度、财务制度,挪用国家财政用于教育的经费,严重妨碍教育教学工作,拖欠教师工资,损害教师合法权益的,由上级机关责令限期归还被挪用的经费,并对直接责任人员给予行政处分;情节严重,构成犯罪的,依法追究刑事责任。

Anyone who violates the State's financial and accounting rules and regulations, misappropriates the State's funds allocated for education, seriously hampers the work of education and teaching, defaults on paying teachers' salaries and impairs their legitimate rights and interests, shall be ordered by the authorities at a higher level to return the misappropriated funds within a specified time limit, and those who are held directly responsible shall be given administrative sanctions; and if the circumstances are serious enough to constitute a crime, the offenders shall be investigated for criminal responsibility according to law.

第三十九条教师对学校或者其他教育机构侵犯其合法权益的,或者对学校或者其他教育机构作出的处理不服的,可以向教育行政部门提出申诉,教育行政部门应当在接到申诉的三十日内,作出处理。

Article 39 Teachers whose legitimate rights and interests are infringed upon by schools or other institutions of education or who are not satisfied with the settlement made by schools or other institutions of education may appeal to the administrative departments of education. The administrative departments of education shall deal with the matter within 30 days from receipt of the appeal.

教师认为当地人民政府有关行政部门侵犯其根据本法规定享有的权利的,可以向同级人民政府或者上一级人民政府有关部门提出申诉,同级人民政府或者上一级人民政府有关部门应当作出处理。

Teachers who hold that the administrative departments concerned under the local people's governments have infringed upon the rights they shall enjoy under this Law may appeal to the people's governments at the corresponding levels or to the departments concerned under the people's governments at the next higher levels. The departments concerned under the people's governments at the corresponding levels or the departments concerned under the people's governments at the next higher levels shall deal with the appeals.

第四十条本法下列用语的含义是:

Article 40 The meanings of the following expressions as used in this Law are:

(一)各级各类学校,是指实施学前教育、普通初等教育、普通中等教育、职业教育、普通高等教育以及特殊教育、成人教育的学校。

(1) "Schools of various levels and categories" refer to the schools that carry out pre-school education, regular primary education, regular secondary education, vocational education, regular higher education, special education or adult education.

(二)其他教育机构,是指少年宫以及地方教研室、电化教育机构等。

(2) "Other institutions of education" refer to children's palaces, local teaching and research sections and institutions that conduct audio- visual education.

(三)中小学教师,是指幼儿园、特殊教育机构、普通中小学、成人初等中等教育机构、职业中学以及其他教育机构的教师。

(3) "Primary and secondary school teachers" refer to teachers working in kindergartens, institutions of special education, regular primary and secondary schools, institutions of primary and secondary education for adults, secondary vocational schools and other institutions of education.

第四十一条学校和其他教育机构中的教育教学辅助人员,其他类型的学校的教师和教育教学辅助人员,可以根据实际情况参照本法的有关规定执行。

Article 41 The relevant provisions of this Law may be applied mutatis mutandis in the light of the actual conditions to the educational and teaching assistants of schools or other institutions of education, as well as teachers and the educational and teaching assistants of schools of other categories.

军队所属院校的教师和教育教学辅助人员,由中央军事委员会依照本法制定有关规定。

Relevant regulations governing the teachers and the educational and teaching assistants of colleges and schools of the Army shall be formulated by the Central Military Commission on the basis of this Law.

第四十二条外籍教师的聘任办法由国务院教育行政部门规定。

Article 42 The measures for the employment of foreign teachers shall be formulated by the administrative department of education under the State Council.

第四十三条本法自一九九四年一月一日起施行。

Article 43 This law shall come into effect as of January 1, 1994.




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