The Research Of Legal Status Of Teachers In Universities

The legal status of the university teachers directly reflects the development degree of a country’s higher education which should be frankly recognized by every country around the world. And there are two important factors that affect the legal status of the university teachers, what are the rights that the university teachers enjoy and what are the obligations that the university teachers should undertake. China as one of the most important new emerging countries attaches great attention to the legal status of university teachers in the field of higher education. In order to better protect the legitimate rights and interests of university teachers, China successively formulated and issued a series of laws and regulations such as Education Law and Teachers’Law, which states some parts of the rights and obligations of university teachers in the form of legal rules in the hope of establishing the legal status of university teachers in China. Specific judicial practice in our country, however, there have been some problems due to the lack or ambiguity of related laws causing an embarrassing phenomenon that the university teachers’rights and obligations are relatively clear but are difficult to be implemented in practice. The rights and obligations involving university teachers’legal status are not isolated nouns. The way of realizing these rights and obligations lies not only in a single carrier---university teacher, but also in its correspondent carrier---university, as well as the employment contract signed between university and university teacher. As long as the above three elements have a clear legal status in the logical chain, the rights and obligations of university teachers are naturally clarified and solved, and then university teachers’ legal status will be apparent. Therefore, this thesis takes the typical cases involving university teacher in recent years as the breakthrough point, through the analysis on the university teacher’s legal status and correlation degree between foreign countries and China, and at the best optimum, this thesis takes France as the referential model for China’s university teachers’ legal status. What’s more, the thesis defines university as public corporation and defines the employment contract between the university and university teacher as administrative contract in the chain of university, university teacher and the employment contract between the university and university teacher, at last, it is concluded that university teacher’s legal status should be public employees in China.