A Study Of Teachers' Rights In The View Of University Charter

University Statutes base on the national education laws and regulations and commanders the school’s rules and regulations. It is of great significance in carrying out the policy allowing universities running on independently,improving the internal reforms of the administrative systems and constructing of modern university system in universities. However, due to our laws and lack of the participation of teachers,University Statutes decline in relief and protecting the rights of teacher.Therefore, by comparing and analyzing the different University Statutes,finding the main problems,not only to provide reference for the further improvement of University Statutes, but also to explore a new path for the teachers’ rights security system.Through text analysis and comparative analysis, the paper selects the six University Statutes which first approved, by comparing the clauses and contents of teachers’ right, we find that, most of the teachers’ rights clauses are living in the center-right position, reflecting the importance of teacher’s rights in every university.The teachers’ rights are stated by a form of listing and summarizing,and providing a right of appeal for teacher, but less specific in procedure.Due to we drafted University Statutes is later, it is probably to copy <The Teachers’ law> in the contents of teachers’ rights, the convergence of six University Statutes in teachers’ right.For a long time,there is a problem about "Heavy Entity and Light Procedure", University Statutes follow behind Education laws and regulations, also have a problem that lack of procedural law. In addition, because the lack of teachers participation and an efficient troop for formulating University Statutes and so on, it is short of the teachers’ main body status, and doesn’t distinguish the rights and relief between teachers and other staffs.Based on the problems of teachers’ rights in the University Statutes, this paper selects four foreign University Statutes to compare. we find that,Anglo-american law system, but also Continental law system,all have some same characteristics:first, University Statutes’ feature is very distinctive; second, the contents of teachers’ rights is very specific; third, different staffs’ rights and obligations are different; the last,the kinds of teachers’ rights and the ways of relief are very clear-cut.There are many problems in China’s existing teachers’ rights security system. For example the single relief ways, the relief organization is not sound, each relief system is independent, and so on.Therefore, with the help of University Statutes, we should build a professional organization to dispose the teachers’ appeal, understand the scope confirm the procedure of the appeal to perfect our teachers’ appeal system. We should subdivide the variety of staffs, the teachers’ rights and relief system by enact implementing regulations of University Statutes. We should enforce the principal status of teachers by the clauses of University Statutes and the teacher self-image.we should organize teachers to study or join in the University Statutes to reinforce publicity, to ensure teachers know and understand University Statutes, safeguard their legitimate rights and interests by University StatutesAfter nearly a thousand years’ development and improvement, foreign University Statutes has formed a relatively complete system, we drafted University Statutes is to late to still have many problems. we should be on the basis of the reality of our country, study foreign effective experiences, improve our university Statutes and teachers’ rights protection mechanisms constantly.