Balancing: An Exploration On The Relationship Between Teacher's Rights And Duties In China

The movement of teacher specialization has been wide-spread and fast-changing all around the word since 1980s , and the teacher's law (issued in 1993) in China explicitly made the provision that:"teachers are professional personnel fulfilling the duty of education. "Therefore, teachers'professional independence should be strengthened ,and their professional status and material return should be improved .Obviously, to some extent, it is educationally meaningful discussing the relationship between teachers'rights and duties in the setting of teachers'specialization ;And at the same time ,rights and duties are two essential factors in science of law ,as well as the foundation of jurisprudence research .Nowadays ,the research into jurisprudence of education in our country has been shifting from focusing on annotating and proving the specific articles in educational decrees to studying the rights and duties of the relevant subjects in education ,which touches the core of the discipline ,and reflects the main trend of jurisprudence research . The present research not only lays stress on mental analyses on the scientific principles ,but also emphasizes the actual practice ;It involves both closely questioning the rationality of the teachers'textualized and static rights and duties ,and reflecting upon the feasibility of realizing teachers'actual and dynamic rights and duties in educational practice .The study aims at combining value with facts ,integrating texts into action .And it expounds and proves the perspectives from the three dimensions as follow: Section One theoretically inquires into the relationship between teachers'rights and duties , answering the question :"what should be the relationship between teachers'right and duties ?"The thesis states that in the history of Chinese education ,duty-oriented perspective has long been adopted ,and this orientation has its theoretical limitation ,which has seriously done harm to teachers'benefit ,discouraged teachers and eventually lowered teachers'professional prestige. The right-oriented theory emerged in 1980s in the juristic field of our country ,which can be used to reflecting upon relationship between teachers'rights and duties ,and the significance of doing so lies in: (1) Right-oriented theory is beneficial to teachers'subjectivity; (2)Right-oriented theory is also helpful to the improvement of teachers'professional status .However the author of the thesis believes that teachers'professional ethics education is important to teachers themselves and the society ,and the right-oriented theory is unappropriate in dealing with the relationship between teachers'rights and their duties because: (1) Right-oriented theory publicizes teachers'unlimited freedom and eliminates the proper intervention the state power ; (2) Teachers'right-oriented will probably lead to egoism and mammonism which hinders teachers'professional ethics construction .Then, the author of the thesis offers his viewpoint: in dealing with the relationship between teachers'rights and their duties ,we should lay equal stress on the two aspects ,and balance them. The author also states the three criteria for evaluating whether teachers'rights and duties has been balanced .This viewpoint is based on the analyses from perspective of justice , economic theory ,education administration, etc . Section two analyses the reality of the imbalance between teachers'rights and duties .answers this question:"what is the relationship between teachers'rights and duties in reality ? "To begin with ,the author inspects the situations of teachers'rights and duties in various historic times ,and concludes that these three points characterize the ideas and system of the teachers'rights and duties in ancient china:(1) Generally, teachers'rights and duties seriously lose balance; (2)Teachers'political ,spiritual and material benefits were seriously out-of-balance; (3) Serious imbalance existed between the rights of the teachers in schools run by the central government and the rights of the teachers in schools operated by the local government and private schools .After this ,the author analyses the political and economic factors causing the problems . Then, the author points out that the rights and duties of the teachers in our country is still imbalance though the condition of teachers'rights has greatly improved since the establishment of the new China ,and the imbalance phenomenon basically evolves from the duty-oriented tradition , i.e, emphasizing teachers'duties while ignoring their rights. Section Three mainly studies the legal approaches by which teachers'rights and duties can be balanced, and solves the problem of "how the teachers rights and duties can be balanced"Follow ing what have been done previously , the author states that the gist of rectifying the imbalanced condition of teachers'rights and duties is in fact the key issue of protecting teachers'rights from violation . Then, the author analyses the existing problems, and explores relevant strategies and approaches which can solve those problems and protect teachers'rights ,from the aspects of making laws, executing laws, popularizing laws, and providing legal help. Finally, the present study comes to the conclusion that teachers'rights and duties should be balanced. The aberration of duty-orient should be corrected , teachers'legitimate material needs should be ensured , and their subjective position should be established .At the same time ,we need to enhance teachers'professional ethics construction to avoid another imbalance of teachers'rights and duties caused by right-oriented trend of thought under the condition of market economy. The present research has been done by utilizing literature reference , historic inspection, logic expounding and proving ,and case study .