Research On Teaching Rights Of College Teachers

China is moving toward an era of knowledge and power. Nowadays the educational right has been receiving increasing attentions of the society. As an important part of educational right, the teaching rights of college teachers, stemming from educational activities, are rights that teachers legally enjoy to conduct educational activities independently in their specific identities. In the continuous course of higher education system reform, the legal relations between teachers, students and schools get much more complex under the system of college tuition collection, and teaching rights conflicts become increasingly obvious. Therefore, college teachers have encountered a series of issues and puzzles. How to define the nature and scope of college teachers'teaching rights and how to ensure college teachers'teaching freedom has been the problem which needs further study and resolve under the background of mass higher education. This thesis starts with the conflicts of teaching rights, places college teachers' teaching rights in the legal relation between teachers and students as well as between teachers and schools, studies the teaching rights comprehensively by means of literature, case, survey, comparison, etc, conducts legal analysis, system analysis and practical analysis in the views of educational law, pedagogy and legal philosophy, and puts forward its own opinions and suggestions.From a historical perspective, college teachers' teaching rights have gone through several different stages from natural rights to legal rights, from nonprofessional rights to professional rights. Modern teaching rights of college teachers, the unity of public rights and professional rights, are complex rights. From a legal perspective, the teaching rights, which result from the teaching profession and are set by legal norms, include a series of elements and reflect in qualification, interest, choice, ability, etc. They are relative and are restrained by not only their own obligations but also the rights of relative sides. College teachers'teaching rights are not single but a bundle of rights, including not only "what to teach" but also "how to teach", as well as the teaching rights of ordinary teachers and graduate tutors. From a perspective of fundamental rights, the teaching rights mainly include right of teaching, selecting and using teaching materials, choosing teaching contents and methods, evaluating students, guiding students in their learning and development, etc. From an institutional perspective, Teachers Law of the People's Republic of China states the basic rights and obligations of teachers and provides basis for the exercise of college teachers' teaching rights. However, with the characteristics and law of college teaching, the extent and degree of college teachers' teaching rights are different from that of primary and middle school teachers, and thereby special regulation is needed to assure the full exercise of college teachers' teaching rights. From a realistic perspective, to define the boundary of the teaching rights is particularly critical in the process of exerting the rights, especially in the conflicts and balance with the rights of other relative sides.This article maintains that basing on the characteristics of college teachers' teaching rights which reflect in the legal relation between teachers and students as well as between teachers and schools, college teachers can freely exercise their teaching rights without prejudice to the interests of students, public interest and teaching order. College teachers'teaching rights are relative and are restrained by their own obligations as well as the rights of relative sides such as students and schools. The teaching rights of public college teachers, which have public nature, professionalism and autonomy, are different from the individual rights of ordinary citizens. In the process of mass higher education, it is a necessity to stick to the public nature of the teaching rights of public college teachers and to highlight the professionalism and autonomy of the rights. Reducing external interference, providing teachers with greater teaching autonomy, raising the subjective spirit of teachers and perfecting the relief ways of teaching rights are the outstanding problems that need to be solved urgently in college teaching and administration.College teachers'professional identity decides that they can enjoy greater professional autonomy. In a larger sense, college teachers' teaching rights are the independent selections in teaching contents, teaching methods, etc. Academic freedom is the soul of the university, a place for advanced studies of knowledge and the quest for truth. Compared with primary and secondary school teachers, college teachers have a wider range of teaching rights which mainly reflect in teaching freedom.The enactment and exercise of teaching rights are subject to value orientation. College teachers' teaching rights have distinct characteristics such as publicity and professionalism. Teaching rights, which are special, not only are beneficial to teachers but also improve the development of students. Teaching, aimed at improving students' human nature and personality, is a union of hearts and a communication of spirits between teachers and students, and free and comprehensive development of students is the value of college teachers' teaching rights.