A Research On The University Teacher Appeal Procedure’s Rationality

With the transformation of social economic system, college’s autonomy ofmanagement is gradually implementing. Our Higher Education Law stipulates thatcollege possesses the independent status of legal personality, which means college hasthe right of teacher employment, allocation, evaluation, and other issues. It’simpossible to take care of everyone’s right perfectly and hard to avoid producing allkinds of disputes."National Medium and Long-Term Education Reform andDevelopment Plan Outline (2010-2020)" requests "respecting for teachers’ rights,strengthening the management of teachers","improving education relief system whichconform to the principle of the rule of law". As the same function of dealing witheducation disputes, education appeal system, a legal system of administrative appeal,has something to do with education administrative reconsideration and educationadministrative action, as well as differences from other two. Teacher appealsystem(TAS) is the best channel for teacher to seek legal protection againstinfringement in education management, and it has been taken more and more attentionby teacher and education administrative departments as the deepening ofadministration system comprehensive reformation.This study based on the research on the rationality of the university teachers’appeal procedures, does not involve concrete technology research. By12samples partof universities teachers (mainly frontline teachers and administrators) of thequestionnaire survey, the results show that our country teacher appeal institution forapplication in the main problems existed in unreasonable at present, shown as: theshortage of corresponding rules and regulations and specialized an acceptinginstitution; Teachers and administrators lack the understanding of complaints system;Complaint procedure is not transparent, appeal results’ fairness has been questioned;Appeals’ way obstructed, the efficiency lacked assurance.Therefore, it’s very important that developing and improving CTAS, and make itreally realize the function of legal relief for infringement to teacher, constructingCTAS adapt to our situation, the rational grievance procedure is the core value ofwhole system. Analyzing Max Weber’s rationality theory and the western procedurevalue theory, this paper decomposed the appeal procedure rationality into value rationality and instrumental rationality two aspects, namely four latitudes—humanitarianism and justice, efficiency and operability. In the origin and connotationof the four latitude, after analysis to justice, humanitarianism, efficiency andoperability as four principles of judging program is reasonable, and discusses them inthe reflection of university teachers’ appeal procedures and requirements.Around these four principles, combined with the actual situation of colleges anduniversities in our country, this article proposed around the reasonable procedure toconstruct five paths of teacher appeal institution of colleges and universities:establishing and perfecting the national laws and university internal managementsystem for basic legal protection; setting up reasonable appeal accepting institution fororganizational foundation; designing a various procedure for multiple choices;establishing an effective supervision mechanism for guarantee; converting themanagement ideas for an unobstructed channel.