| In the course of the reform from elite education to mass education, the private higher education has undergone rapid development. As a result, the number of private colleges and the ranks of their teachers are constantly expanding. With the rapid increase of the proportion of private college full-time teachers in the nation's total amount, the importance of their rights'guarantee has become increasingly prominent. The problem of probing into the guarantee of teacher's rights in private colleges becomes an important topic in theory and practice of Chinese educational law.As a group of teachers different from public colleges', the private college teachers enjoy the civil rights, the teachers'rights as well as the special rights which they enjoy as employees. First of all, teachers are entitled the rights as common citizens. Only when their basic daily necessities are satisfied, can they be committed to the cause of education. Second, the teachers'professional rights are in accordance with their general citizen rights. Teachers are entitled the professional rights such as the rights of academic freedom, the rights to carry out education and teaching activities and the rights to guide and evaluate, etc.. These are all the exclusive rights based on the teachers'professional status. In the third place, the private college teachers are entitled the correspondent rights prescribed by Law of the People's Republic of China on Promotion of Privately-run Schools, Implementation Regulation of Law of the People's Republic of China on Promotion of Privately-run Schools, Labour Law of the People's Republic of China, and Law of the People's Republic of China on Employment Contracts. Some other regulatory documents, such as Constitution of the People's Republic of China, Teachers'Law of the People's Republic of China, Education Law of the People's Republic of China, The UNESCO Recommendation Concerning the Status of Teachers have become legal basis of the above rights of the private college teachers.At present, both the theoretical probe and the practical implement of the private college teachers'rights are relatively lagging behind. Besides, a great many problems exist in the practice of educational legislation, administration and judicature related to the rights'guarantee of the private college teachers. For instance, the educational legislation is imperfect; the legal relation between the private college teachers'legal status and the educational administration, the colleges is unclear; the phenomenon of failing to abide by the law is common; the way of relieving the private college teachers is narrow; the supervisory mechanism is imperfect and so forth. In reality, the cases involved the damage of the private college teachers'legitimate rights are nothing new. All the above makes a serious influence on the private college teachers'working enthusiasms and their professional security. It has both theoretical and practical significance to guarantee the private college teachers'legitimate rights in accordance with the law for safeguarding the teachers'professional dignity and social popularity, defining the teachers'legal status, improving teaching quality, facilitating educational reform, and implementing the strategy of revitalizing the nation through science and education.This thesis will analyze the causes of the existing problems from macroscopic aspect of the nation to the microcosmic aspect of the teachers themselves. And then, it will put forward various measurements to improve the guarantee of the private college teachers'rights. First, the public should raise their awareness, setting up the idea of rule of law in order to emphasize the importance of the guarantee of the private college teachers'rights. Second, the nation should enhance the guarantee system, improving the legislative, judicial and executive guarantee system construction from macroscopic perspective. Third, teachers should exert the function of organizations, protecting their own rights by seeking help from the labour union, the teachers'representative committee and the teachers'association. Fourth, the private colleges should reinforce the internal management, using the idea of administrating colleges by law to guarantee their teachers'rights. Finally, teachers should strengthen their ability and consciousness of self-protection. |
