On The College Teachers' Rights And Interests Guarantee System

The 21st century has been witnessing an ever fierce international competition of human resources so that every nation spares no effort to cultivate high-level talents. College teachers shoulder the responsibility of fostering the future high-level talents and doing science researches. Therefore, if college teachers' salary and position should be attached importance to and their legal rights should be guaranteed their enthusiasm and initiative would be promoted, it would meet development of higher education and teaching quality as well as science researches, In case of guarantee of the college teachers' rights and interests, a sound and complete safeguard system has been formed in developed countries and regions. Tort can be avoided as collective negotiations can be made and contracts can be reached there beforehand via the Trade Union or Teachers Association; teachers' rights and interests can be fully asserted via a complete system of appeal, arbitration and justice after a tort happened. A sound and complete rights guarantee system plays an important role in the promotion of educational development and stabilize college teachers in the developed countries and regions. After the Teacher's Law carried out in 1994, China has issued many related laws like Education Law, High Education Law, stipulating rights and duties of China's educational law related main body. It is a symbol of the formation of the education law framework. However, new content has been added to the college teachers' rights and interests and the guarantee meets new problems as the human affair system has seen changes. In the meantime, various torts have been coming up so that the teachers' rights and interests guarantee system should be optimized. In view of these, the present thesis will take the teachers' rights and interests guarantee system as the research object by analyzing its loopholes, emerging the advanced experience from other countries, addresses the problem of how to optimize the system in question.As for the research method, the thesis adopts the following five:1) historical research method, analyzing the alteration of the property of college teachers' rights and interests resulting from the reform of the appointment system; 2) comparative approach, introducing the college teachers'rights and interests guarantee system in America; 3) normative analysis, making a study into the college teachers'rights and interests law; 4) interview and survey, presenting the loopholes in the college teachers'rights and interests guarantee system by interviewing some college teachers and administrators; 5) literature analysis, consulting the existing documents home and abroad.The thesis consists four parts.The first part is a summary of the college teachers'rights and interests. It begins with a brief explanation of college teachers and their rights and interests, then an introduction to the content of the college teachers'rights and interests (general rights, professional rights and other rights), later an analysis of the college teachers'rights as the legal subject of the administrative law and civil law, and ends with the five types of torts of college teachers'rights.The second part is the college teachers'rights and interests guarantee system and its problems. This part first introduces respectively, from four respects--the colleges, educational administrative units, social organizations and judicial system, college teachers'rights and interests guarantee system in China. Then it makes a detailed analysis of the existing problems in the college teachers' rights and interests guarantee system, giving approaches of optimizing the college teachers'rights and interests guarantee system in future. The third part is the characteristics of the college teachers'rights and interests guarantee system in the main developed countries and regions. This part is by introducing the college teachers'rights and interests guarantee system in the main developed countries and regions (a complete appointment contract system, collective negotiation system, a convenient appeal system, efficient arbitration system and a authoritative judicial system), points out that it is important to optimize the college teachers'rights and interests guarantee system, and the teachers'labor union should be fully functioned.The fourth part is the approaches and envisages of improving and perfecting the college teachers'rights and interests guarantee system. This partmakes references of the experiences in the developed countries and regions, offers six suggestions to improve and perfects the college teachers'rights and interests guarantee system in China.1) consolidating the subject position of college teachers'rights, strengthening the knowledge of the importance of guaranteeing of college teachers'rights; 2) updating the stipulations in the college teachers'rights and interests guarantee law timely; 3) improving and perfecting approaches of college manage system of the guarantee of college teachers'rights and interests; 4) improving and perfecting educational administrative units' approaches to guarantee college teachers'rights and interests; 5) improving and perfecting the arbitration system by establishing educational arbitration system; 6) improving and perfecting the judicial system of guaranteeing of college teachers'rights and interests, broadening the scope of judicial review.