A Study On The Conflict Problems Between The Managerial Power Of The Public University And Teachers’ Right

With the deepening of the higher education reform, the public university is granted the school-running autonomy by the nation, so the public university is in an age of the power. Meanwhile, university teachers’ consciousness of right has gradually improved, and they are in the struggle for rights. Although the Teachers’ Law and other relevant laws have played a positive role in the protection of teachers’right, the conflict between the managerial power of the university and teachers’ right still remains, especially, legal disputes appear constantly between the university and the teacher in recent years. Therefore, it is of great significance to balance the managerial power of the university and teachers’ right for the healthy development of higher education. Furthermore, to establish the mechanism of solving the conflict between the managerial power of the university and teachers’right, it is necessary to investigate the current situation of the conflict and find the key to clarify the theoretical problems concerned between the two subjects.First, the paper defines the core concepts such as managerial power of the university, teachers’right, the conflict between the managerial power of the university and teachers’ right. Then, the author chooses eight public universities in Chongqing to carry out the empirical investigation to analyze the current situation of the conflict between the managerial power of the university and teachers’ right by using the documentary method, investigation method and interview method. The dimensions of the questionnaire are based on the overlap that involve and influence teachers’right when university exercises that managerial power in the daily teaching work. The author tries to evaluate the current situation of the conflict through the descriptive statistical analysis, the inferential statistical analysis of the survey results, and the interview at the same time. Furthermore, based on the introduction of the case and the analysis results, the author analyzes the root of the conflict between the managerial power of the university and teachers’ right. At last, in view of the root of the problem, the author puts forward the countermeasures to balance the managerial power of the university and teachers’right.The study shows that there are conflicts between the managerial power of public university and of teachers’right. The conflict exists in the management of funds, the right of scientific research and the right of academic exchange. It also exists in the personnel management of colleges, the implementation of rewards and punishments and the welfare rights of teachers. The autonomous management right of university the democratic management right of teachers, the right of university to employ and manage teachers and the right of teachers to take advanced courses are also the reasons that cause conflict. The conflict between the two subjects will affect the internal stability and the quality of service of the university. Teachers may be less likely to engage in their jobs and scientific studies but resistant to their university which can even cause legal disputes.The root of the conflict between the managerial power of the public university and teachers’right contains the external and internal factors. The external factors include that relevant laws haven’t the boundaries of the right, imperfect legal system lead to defects in legislation of higher education, the remedial channel for university teachers is not free from obstruction. The internal factors contain that limited resources lead to the conflict of interest; both managers and teachers are lack consciousness of their rights. So, some counter measures should be taken, and the measures contain government, university and teachers at three levels to balance the managerial power of the public university and teachers’ right. Government should improve the legal system of higher education and the remedial channel for university teachers. University should how to implement the management of power in the face of the rights of the fuzzy boundaries. Teachers should raise awareness of the protection of their rights and exercise the rights actively.