On The Guarantee Of The Rights Of Teachers In Private Universities

Since the eightieth of the last century, higher education established privately in our country has grown in a well developing state for more than 20 years with the process of the educational modernization. In the report to the Seventeenth National Congress of the Communist Party of China, the stratagem"give priority to education and turn China into a country rich in human resources"is emphasized again. Teachers are the key to construct human resources. Right guarantee of non governmental college teachers is an important topic in the modernization progress of higher education. Whether non governmental college teachers'right is guaranteed or not, it will influence the construction of teaching staff in non governmental college, thereby relate to non governmental college education quality and life and death. Protecting right of non governmental college teachers in law, constructing right guarantee system of non governmental college teachers perfect, promoting enthusiasm of non governmental college teachers fully, becomes an important content of modernization of educational administration, and also a significant assignment of educational modernization of legal system.Starting from the research on the historical evolution of non governmental college teachers'rights, this article studies the content of non governmental college teachers'right guarantee in modern legal system; combining with the actuality construction of teaching staff of non governmental college, the article promulgates the main problems which exist in the teachers'right guarantee of non governmental college and analyzes the reasons; on the basis of referring to advanced experience of foreign private college teachers'right guarantee, taking into account the situation of China, following the guidance of building a harmonious socialist society and applying the scientific outlook on development, abiding by the law, such as Constitution of the People'Republic of China, Teachers Law of the People's Republic of China, Law of the People's Republic of China on Promotion of Privately-run Schools, the article proposes three principles: all things get developments harmoniously, making the best of both other-control and self-discipline, guaranteeing and enhancing education quality. And then, the article tries to construct the right guarantee system of non governmental college teachers from several aspects: legal idea, legal system, college internal control system and organizational structure.The characteristics of the research on this article are: on the basis of study in existence, using knowledge of education law, higher education administration, higher education, this article studies the content of non governmental college teachers'right guarantee systemically. From the angle of the union of fundamental research and the practical research, macroscopic research and microscopic research, the article attempts to construct the opening right guarantee system of non governmental college teachers.This article's innovation points lie in:①It boldly proposes some amendments on our country'legal system in existence. For instance, because Teachers Law doesn't prescribe punishment power of teachers, some dispute is induced in educational practice when teachers carry to their right to discipline students. Profits from foreign law about punishment power of teachers, the paper proposes that canonical clauses of punishment power should be added to Teachers Law.②It thoroughly analyzes the civil case relation between non governmental colleges and teachers and definitely points out non governmental college teachers'status is employee. In Law of the People's Republic of China on Promotion of Privately-run Schools, it is mentioned that teachers of privately-run schools shall enjoy equal legal status as the teachers of government-run schools shall. I think"equal"doesn't mean to build exactly the same right guarantee pattern, but build comparable right guarantee mechanism, so that teachers'right guarantee of privately-run schools is also in a perfect situation.③It proposes a series of reformational measures of social insurance system. For example, promoting enterprise pension system, paying supplementary pension insurance for non governmental college teachers; or step-by-step implementation on public institution's pension insurance standard.