The Study Of The Legal Remedies Of Teachers' Rights In Institutions Of Higher Learning

The purpose of this research was to probe into the legal remedies of teachers'rights in institutions of higher learning. It is an important topic, research and practice of Chinese education law. These years, with the change from designation to engage in institutions of higher learning, the dispute in colleges and teachers becomes more and more. Because of weak positions teachers in, the phenomenon of infringing teachers'rights appears repeatedly. We should compose a mechanism on the legal protect of teachers'to protect the teachers'right well conscientiously, make teachers initiative well, the building of institutions of higher learning and implementing the strategy of revitalizing the nation.The thesis aims at critically reflection and legal-principle analysis. This article first introduce the legal position of colleges and universities and the legal rights of the teachers. Colleges have the corporate organization, and as authorized by law, they are administration organizations. Teachers in colleges have the rights endow with constitution, and with educational law. Then the article analyses the relationship between colleges and teachers and the dispute nowadays from three basic systems of teachers—teacher qualification system, teacher post system and teacher engage system. The disputes between colleges and teachers have three types: civil disputes, criminal disputes and academic disputes. Then the article dealt with the remedy of protecting teachers'rights and points the abuse—teacher appeal systems, teacher administration reconsider systems and teacher administration lawsuit system. In the final part, the article put forward a rationalization proposal—education arbitration, analyzing from features, organization installing, frustration area and procedure and the relationship between judicature and arbitration to give the teachers point of view on how to protect the legal rights.