The Study On Elements Of Teacher's Rights In Modern University Statutes

With the development of higher education legalization,China promulgated China Middle and Long term Education Reform and Development Planning Outline(2010-2020)and Provisional Term of Making China's University statute.The Law for Higher Education of P.R.C was rewritten as well.The new version of the law proposed the method to fasten university's management of internal control and legalization,and also included the content on assurance of university teacher right that could be taken as paying more attention on.The university statute is somehow like a constitution.It is the primary factor of the internal control as well as for the university management.Teacher is one of the the key parts of the university.They are the continuing and creators of learning who have the right and liability of promoting university ' s academy level.Therefore,university statute must embody rational rights of teacher and be beneficial to specified the teacher's behavior.Meanwhile,it must protect teacher's right and make them know how to use the terms to work it out.This could be a good supplement of modern university institution.This research firstly makes it clear on the definition of factors and rights which included in the university statute.And drawing lessons from foreign university to define the right of university teacher' s on academy,participation on management,career development and the institution of protection and relief.With polycentric governance theory,this paper studies on multi-subjectivity of university teacher's rights and liability,and points out that the teacher is not only the university's liability,but also the teacher's.So that the statute makers should work along with the teachers to promote the statute and take procedural justice and efficiency into account.Basing on structural-functionalism theory,this research used questionnaire and interview method to modify the real need of university teachers.These methods were helpful to receive real data from university teacher and avoid of misleading by using literature and history data.Mathematical software was used to analyze the result from questionnaire and interview and it found that although teachers,from different age,gender,certification,job,working years and university,may not be equal to the same need,but the range of the definition of teacher's right is almost the same.Hence,using this strategy is more likely to make the statute apply to reality.This paper used case study and comparable method to analyze some of the western country university's statute.The results show that because of the long history of these universities,the level of statute legalization is far more than Chinese.Normally,these universities had put their statute into the law framework,the rights of professor governance and common management could be found in most of the chapters.The margin of right and liability was clearer and contained maneuverable terms to protect them.The above methodologies were also used to five Chinese universities to make comparison and find out problems of the statute's content in practical means state.It stated that there were two main reasons from both internal and external.Reason one:the chapters which described teacher' s right were too simple and loss of content in terms.Reason two:lack of program and details.Basing on these,this paper points out that,in order to make up with the statute,it must strictly define the basic principles and refinement of teacher's rights firstly.And then,make the terms apply to university teachers basing on a rule of rational,proper,humanization and easy to go.By learning from the foreign university,the statute must show out its constitutional characters,promote the level of protect and set an equal way for teachers to delivery different thinking.And it should make sure that all the factors of teacher's right are completed and the terms are highly related to reality.Finally a supervision institution must be established to assure that the teacher's right is fully protected.The above is the key part of the innovation of this paper.To sum up,this study based on the reality description of modern elements of teachers'rights in the university statutes and the theoretical analysis,aims to reveal the problems of elements of university teachers' rights in the university statutes,through analyzing the causes of the problems,trying to find the crux of the problems,puts forward specific solutions to problems,the ultimate goal is for the sake of universities to set up a comprehensive elements of teachers' rights content in university statutes,and accelerates the process of legalization in colleges and universities,for into a world-class university to lay the solid legal foundation.