Legal Relations Between Faculty And Public Higher Education Institution

The faculty employment is an essence issue to reform the system of public higher education institutions at present .To define the legal relation between the faculty and the public higher education institution is the first important thing, which concerns the development of the academic profession, at the same time, which is crucial to the development of Chinese higher education. The legal relations between the faculty and the public higher education institutions is the allocation of the rights, duties and accountability among them under the system of employment, which is defined by the legal status of the faculty and that of the public higher education institutions. Therefore, with the perspective of legal status, the reconstruction of them is based chiefly on the history experience and international comparison. The history experience testify to the close link between the self-government and the development of the public higher education institutions, the public higher education institutions must to be a public legal personality. This is the international tend of the higher education institutions, as has happened in Germany and USA etc. And this tend coincide with the reform of the Chinese public higher education institutions since 1980s. With the specialization of the academic profession and the construction of the regulations, the faculty will be a specialized academic profession with more and more freedom and rights. This is the international tend of the academic profession and the essential term of the employment system. So, under the employment system, the faculty, who have specialized rights and freedom, will be equal to the public higher education institutions as the bilateral contact defined. But at present, actions must be taken to defend the faculty' legal rights which are easy to be treated unjustly.