The Research On The College Teachers' Appointment Contract

College teachers'appointment contract is the agreement signed by the teacher and college, based on the equality and party autonomy , consultation and consistency, which makes clear about the bilateral right with the unceasing advancement of our country higher education structural reform, the vertical subordination appointment relations between the teacher and college in the past is being into the horizontal, equal in litigants, equal rights appointment contract legal relationship; the character of college teachers'appointment contract is the special civil contract as the object of labor force commodity providing the education and teaching and the scientific research behavior.The main types of college teachers'appointment contract include: the college teachers'of the fixed deadline, the college teachers'appointment contract of the deadline to complete the certain work, and the college teachers'appointment contract of the special attendance, and also we can get another two types of college teachers'appointment contract, which are individual college teachers'appointment contract and collective college teachers'appointment contract, according to the number of people in one party; They must be work out by the strict written form, and must pass through the offer and the acceptance step, and don't acknowledge the legal effect of the factual appointment contract; After the appointment contract becomes effective, the higher college as the appointed party and the teacher as engaged party should completely fulfill the right and obligation provisions in the contract under the instructions of the three principles: fulfill personally, comprehensively, cooperatively. In which, the teachers'rights and obligations include: enjoy and undertake the rights and obligations as the specialist engaged in education, teaching and the scientific research; May change or terminate the contract on the basis of the bilateral consultation, but dismissal and resignation must conform to the agreement or the legal matter; In the liabilities for breach the contract, be headed by the practical fulfillment, including other two remedial way which are damage compensation and penalty; In the dispute solution, must establish the perfect concrete mediation system, the arbitration and the civil lawsuit system.