Research On Legal Status Of Pre-school Teachers In China

For hundreds of years, education is the foundation of a country and teachers are the basic of educational development. Building a stable, professional and highly qualified team of pre-school teachers is the key to improve the quality of preschool education and also the fundamental guarantee of long-term development of preschool education in China. A clear and reasonable legal status for a pre-school teacher is the core factor of constructing such a team, which is a prerequisite and basic content of the normalization, legalization and institutionalization of pre-school teachers management. Based on the values of fairness, scientism and applicability, this study mainly using the literature research and interview, analyzes the history, the present situation and causes of formation of legal status of pre-school teachers in China under the background of reform of social organizations and personnel system in our country and the education system. According to those analysis, we put forward some suggestion. From the perspectives of education jurisprudence, the construction of pre-school teachers’ legal status in this study is a preliminary exploration for its whole development. This study aims at providing a new angle for the research of management of pre-school teachers and the guarantee for their basic rights.This thesis mainly includes four parts:The first part basically is about theoretical framework, aiming at giving a clear concept of a teachers’ legal status, its basic standards and the main factors that influence teachers’ legal status and construction, which is a legal theory basis for our pre-school teachers’ status construction.The second part analyzes historical change of pre-school teachers’ legal status since1949and the challenges of pre-school teacher construction. We find out that the pre-school teachers’ legal status refers to a professional engaged in teaching, which mixes up the vocational traits and the characteristics of pre-school teachers so that it practically reduces the teacher’s social status and triggers a series of problems and dilemma for the development of pre-school teachers team.The third part is about the analysis of the reasons that attributes to this vagueness of pre-school teachers’ legal status. It includes the lag of institutions and personnel system reform in our country, the blur demarcation between the school and teachers’ legal responsibilities and the specialty of pre-school education management system in our country.The fourth part is the thinking and suggesting part. Considering other countries’ legal status types, the reform trend of public institution and personnel system, and analyzing the characteristic of pre-school teachers and the reality of our country’s social and economic development, it suggests that pre-school teachers’ legal status should be regulated as follows:the teachers in these kindergartens which are to public welfare for the business purpose, according to the government pricing for kindergarten, including public kindergarten and the various types of universality kindergartens (Including private universality kindergarten, the universality kindergarten affiliated to a community, the no difference between the restructuring funds, to raise the state-owned enterprises and institutions for kindergarten, and all kinds of kindergarten run by the group, etc.) are seen as public service employees of the country. While others in the kindergarten that organized by private institutions or privates which aims at profits for business purpose are regard as business employees that involving in early childhood teaching. In order to guarantee the legal status of the preschool teachers, firstly, the government should legalize the preschool education law as soon as possible, making the legal status of pre-school teachers clear in law. Secondly, it is needed to normalize the qualification admittance system towards pre-school teachers so that it can strengthen teachers access. Thirdly, build up pre-school teacher title position system so as to safeguard the teachers’ professional attributes. And fourthly, perfect pre-school teachers’ employment system to standard process of employing teachers.