Law On The Appointment System For Teachers Of Public Colleges And Universities

Appointment of teachers in China's public colleges and universities is an important content of the personnel system reformation. And there are many issues in the practice and theories of it. But It is the most fundamental issue to determine the nature of the appointment contract between teachers and public colleges and universities to deal with the controversial in the appointment process and protect the rights and interests of teachers, because the nature of the legal relationship determines the rights and the obligations of teachers and public colleges and universities in the appointment process. But the legal relationship nature is determined by the legal status of public colleges and universities and the legal status of teachers.The legal status of Public Colleges and Universities is not clear in the existing legal regulations. According to the "General Principles of Civil Law", the public colleges and universities should belong to institution corporate. However, in the judicial procedure, there are different opinions on whether the institution should be treated as an administrative body or a civil existence. Some people think that the institution should be treated as an administrative corporate because of the status and the administrative functions or powers of higher education in the development of state and social development, and some people think that according to the trends of the personnel system reformation and the principle of "equal, free and fair consultation" that be followed in the process of teachers appointment that are prescribed in the related laws and regulations, the public colleges and universities should be treated as a civil existence. In this paper, in accordance with China's relevant laws and regulations and the specific content of its functions, the legal status of public colleges and universities include two areas, that is authorized organizations by laws and regulations, institution corporations."A professional that commitment to education and teaching duties " that stated in the "Teachers Law" mostly state the attributes of the teaching profession, but not a exact statement on the legal status of teachers. And the provisions of the legal status of teachers in public colleges and universities in other related laws and regulations are also unclear. According to the practice in other countries and regions in the appointment of teachers in colleges and universities and the trends and causes of the personnel system reformation in our country, the research on the legal qualification of laborer and the status quo of the interests protect of the teachers, the teacher's legal status should be clearly defined as "laborers." As a basic form to ensure the legal status of public colleges and universities and teachers, appointment contracts is the direct basis to carry out the appointment system. However, because of different opinions on the legal status of public colleges and universities and teachers understanding of the different legal status of teachers, the issues of the nature of the appointment contract still have three answers: administrative contract and civil contracts or special contract. In this paper, according to the need of the socialist market economy reformation, legal qualification of laborers, the functions that the labor contract in safeguarding the interests of the teachers, the experience that appointment system exist in our country and foreign, the appointment contract of teachers should be defined as labor contract. And in the future, the Legislative should identify or implement the legal status of teachers, the applicable laws and regulations and the contents of the contract, as well as the matching system of the personnel system reformation and so on.A right without remedy is not right. So To remedy the rights of teachers that employed in the appointment is a basic protection of the rights of the teachers. But there are so many question such as aphasia of teachers' the rights, the loss of employment contract and collective contract, personnel controversial legal obstacles still exist, fuzzy channels of relief in presently laws. The reason in deeply is the lack of the legal basis for appointment remedy, the ambiguous legal status of public colleges and universities and teachers, different understanding of the right to appeal and so on. Therefore in accordance with the legal status of public colleges and universities and the legal status of teachers, we think, should to build up a set of legal remedies from mediation, arbitration to litigation based on the labor contract between teachers and public colleges and universities, so that the legal relationship between teachers and Public colleges and universities can be institutionalized and ruled by law.