Legal Research On The College Teachers' Appointment Contract

In 1986, China's first appointment system of professional and technical positions. Since 1992, with the "Education Law", "Teacher's Law," "Higher Education Act" and other laws enacted, China began to carry out the provisions of the adoption of legislation in the form of the pilot work full appointment system. Today, Universities appointment system reform has spent more than 20 years. With the continuous deepening of reform, education has made rapid development. Teachers'working attitude and enthusiasm to the school affect the quality of teaching and academic atmosphere directly. Universities in promoting education reform vigorously while they are also increasing importance on the legal relationship between teacher. In 2009 a piece of news which entitled "The apartness of Wuhan University treat their meritorious professor "has attracted the eyes of scholars, led the discussion of academic. Legal disputes in the field of education has aroused widespread concern and discussion again.Currently, China's education system is still in evolving and practice. Appointment as a university teacher is a major reform of personnel system is, colleges and universities have generally adopted. "The People's Republic of China Teachers Law" provide, "Schools and other educational institutions should be gradual and follow the teacher appointment." The core of the appointment of teachers's reform is entered into employment contracts with teachers and universities. However, at present China's college teachers contracts in the legal system in theory, does not have a complete institutional system. In practice, the appointment of a contract dispute is lacking of an unified mechanism for relieve. 2008 "The People's Republic of China Labor Contract Law" was officially implemented. This is for the implementation of a real sense of the appointment of teachers provided an important legal basis. In practice, however, the results of dealing with the appointment of contractual disputes are different. Therefore, this article will be study on problems to be solved in university teachers contracts. In this paper, university teachers, the legal nature of contracts in analysis of foreign experience for reference, to explore practical issues in terms of the contract appointment of teachers colleges and universities to conduct in-depth study of the legal system. On purposes of research, we collected a large number of domestic and foreign material, and these data in detail of sorting out and summarized. This article also draws on theoretical perspectives related disciplines. Also, this paper analyzes the survey data through questionnaires reality. Based on a deeper level of in-depth study, the feasibility Suggestions of perfect legal system of university teachers' employment contract has been proposed. I hope that this research can contribute on the development of China's college teachers contracts in the legal system. In research methods, this case study on social hot spots from the theoretical analysis. Also, In this paper, the survey results reflect the problems to be solved on contractual appointment of China's college teachers the legal system. In the theoretical level, this paper establishes the following points:the contract of the appointment between University and teachers is a agreement which is base on the rights and obligations of both parties with a clear relationship, signed on the base of equality and their own accords. By the continuous advance in China's higher education system, in the past the vertical relation between institutions of higher learning and teachers is now being translated into the horizontal position of equality of both parties equal rights-based contracts in the legal relationship. This new legal relationship with the statutory nature of equality and procedural and other features, is a labor-law relationships.Appointment of university teachers contract is essentially a labor contract. The legal dispute applicable law as following, "The People's Republic of China Teachers Law," "The People's Republic of China Labor Contract Law," "The People's Republic of China Law on Higher Education," "The People's Republic of China Law on Mediation and Arbitration of Labor Disputes "and other laws. Meanwhile, the local characteristics of regulations and policies can serve as a guide.In the system level, through research and demonstration this paper explore the major problems exist in the contract to the appointment of college teachers are legal concept of lag, lack of legal norms and other issues.Also, this article from four aspects, which is signing appointment of contracts, fulfilling, discharging and settling contract disputes,willing to solve practical problems.