Study On Leagal Status Of College Teachers From The Perspective Of Administrative Law

As the main force of knowledge diffusion and scientific research, college teachers are the organizers and executors of higher education aim. The Planning on Reform and Development of National Long Term Education (2010-2020) provided that, it is important to raise the social status of teachers and improve the work and life condition of teachers, so as to attract more outstanding people in education field for longer period, even lifetime. And the key point is to clear the legal status of teachers, which means the legal status and legal relationship should be provided by the law to guarantee to right of teachers. The legal status of college teachers is the key and fundamental issue, for it decides a lot of aspects, such as right, duty, guarantee, remedy, and so on.The thesis focuses on the legal status of public college teachers, and discusses the following problems, such as the legal identity of college teachers, the legal relationship between the college teachers and relevant organs, and the right and duty of college teachers. Therefore, depending on the discussion of the three elements, this thesis is divided into six chapters.The first chapter is the theoretical background introduction of legal status of public college teachers. To discuss the legal status of college teachers, it is necessary to collect and analyze the theories on higher education and the career of college teachers, the environment in which college teachers are placed. And this is logical premise for us to research administrative law of teacher.The tendency of marketization and popularization of higher education greatly challenge the higher education. And the thesis puts forward that we should guarantee to the public welfare of higher education, clear the legal nature of higher education as public service.The second chapter introduces the leagal status of public college teachers in foreign countries, including German, France, American and Japan.So as to expand the view of research and provide the experience to us.The third chapter expounds the legal status of public college teachers. Analysis the changes of leagal status of college teahchers, and then proposes that establishs the college teachers the leagal status of public employee on the basis of establishing college the leagal status of public corporation.The fourth chapter analyzes the administrative legal relationship between the public college teachers and government. In the past, the appointment system of college teachers was administrative legal relationship which was full of power and management elements. However, the changes of administrative method also lead to the change of the appointment system of college teachers. It is a new type of administrative legal relationship, which is based on the employment relationship and featured as flexible administrative behavior. The thesis tries to discuss the three theories of teacher role transformation of Japanese scholars to illustrate the impact of the national power, which mean ordination teachers, laborer teachers, and specialized teachers. And the thesis discusses the relationship between the administrative power of education and academic freedom, and puts forward some suggestions of improving teacher qualification system.In the fifth chapter, the administrative legal relationship is discussed. The relationship between administrative power and the academic power, two existing powers at the same time with different form and content, are analyzed. The thesis proposes that the status of college teachers should be returned to normal state. The rational power relationship mode should be built to strengthen the academic power and guarantee the development of college. And the four administrative powers are discussed and regulated, such as appointment power, evaluation power, teaching management power, and disposition right. At last, the right and guarantee of college teachers are discussed.The sixth chapter discusses the administrative legal relationship between the public college teachers and students. Firstly, the thesis describes that the students were managed, educated, and changed in the past, and the teachers held the absolute dominant status. Secondly, the changes of legal relationship between teachers and students under the charge system are discussed, and the thesis reveals the establishment of new legal relationship with the teacher role transformation. Finally, this thesis expounds the relationship between teaching freedom and learning freedom.