A Jurisprudence Analysis On The System Of Teacher Engaged In The Public University

Since our country education laws have not definite the public universities' and its teachers' position clearly, so many disputes have been appeared between the public university and its teacher during the process of appointment, and these disputes usually could not be deal with well according to the law. These often cause the appointment cannot be working. Therefore, analyze the appointment between the public university and its' teacher by jurisprudence, make clearly the position of the public university and teacher is beneficial to the teacher's appointment, to the teacher protect their own legal rights by law, even is beneficial to govern the education by law.The text begins with the appearance of the system of engage. Foundation Teacher's law of our country, we obtained 3 implications of the system of teacher engaged: First, the educational institution is equal with teacher; Second, when the contract that the public university employ the teacher is signed, the main part ought to follow the civil law rule of fairly, impartial, with the common desire act as the prerequisite; Third, the contract is foundation of maintaining to engage as, The two parties ought to stick to the contract together, if any one do not stick to, the responsibility ought to be undertakeSecond section was living to propose five hard nuts to crack that the teacher engages as to manufacture in implementation based on the implications:The first hard nut to crack is the teacher should be employed as ordinary workers or administration staff, it does not defined clearly in Teacher's law.The second hard nut to crack is whether the Labor law can protect the contract.The third hard nut to crack, does the teacher of the public university refuse the appointment by university?The forth hard nut to crack, the teacher engages as the unequal quality in the relationship. When the public university employs a teacher, the teacher cannot choose the appointment with a independent qualification.The fifth hard nut to crack is that whether the teacher be able to get the succor bymeans of the court of justice sentence when legitimate rights and interests of teacher are illegally infringed.With analyzing foregoing five problems we propose, we can see that the source that these problems were come into being is the statue position of the public university and it's teacher does not definite clearly.Third section, First of all the text expound the public university's statue positions:Foundation artificial person's position and the fostering mission of higher education in Higher education law, along with theory of official business person in western country, proposing the public university of our country is a kind of official business person. Under the planned economy system, the public university is a subsidiary body of education administration. With the establishing of the market economy system and employed system reform deepened, the public university achieves the independence positions of official business person; analyze higher education mission and the property of education Stipulated in Higher education law, The higher education possess exceedingly powerful characteristic of public welfare; The public university also accord with the characteristic of official business person: public welfare, service, enjoy state-owned authority, have the administration relationship and civil relationship against member in official business person's theory in western country. And in fact mostly public university in western country are official business person tooWith the particular authority relationship theory of use person to be fastened on the official business, the text analyze the substance of the relationship between the teacher and the public university, proposing the public university is a partner of particular authority relationship. First of all, as a teacher is engaged, the position of the public university and teacher is not equal, their rights and obligations is also not equal based on Teacher's law and Education law; Secondly, the public univer...