The Research Of Teachers’ Right Guarantee In Civilian-run Colleges And Universities

Civilian-run colleges and universities(CCUs)are an organic part of the socialist system of educations with Chinese characteristics.The CCUs were established in the period of Reform and Opening-up,and then the independent colleges have developed in the CCUs system.The CCUs have obtained an equal legal-status,however,compared with the public universities(PUs),the CCUs haven’t been accepted by the public.This is due to many social reasons,including shorter period in establishment,instability of the numbers of teachers and tutors,lack of masters and conservative conceptions.The legal definition of the CCUs is a non-profit and non-government organization.Apart from that,it is unnecessary for the CCUs to accept financial investment from nations and states.Generally,students can gain the academic degrees,which are higher than secondary level,from the CCUs.Thus the CCUs have often provided various options to a selector,for example,civilian-run universities,civilian-run colleges and civilian-run polytechnics and junior colleges in legal texts.It is known to us that the key competitiveness of a college or university is the teachers and masters.However,with the rapid development of the CCUs,some severe phenomena,including wage arrears and lack of rational insurances,have occurred and got the popular attentions.In the CCUs,teachers have the professional positions.Therefore,their rights shall be guaranteed.It is not only the requirement of development of human rights but the prerequisite of improvement of civilian-run as well as total education systems in our socialist country.As the result,it is urgent to explore the effective methods to guarantee the teachers’ rights rationally in the CCUs.To illustrate the reasons of the lack of guarantee for teachers’ rights in the CCUs,this paper discusses the present situation of teachers’ rights firstly,and then proposes the ideas and methods to guarantee the teachers’ rights effectively,which is based on the laws and regulations in our country as well as the experience in foreign countries.Thus this paper discusses the problems as mentioned above from five aspects.In the first aspect,started from the definitions,the legal-status and the details of rights will be illustrated and summarized in the CCUs.As far as it is concerned,the legal-status of teachers in the CCUs should be similar to that in the PUs.And the legal-status is embodied in contents,such as how to measure teachers’ contributions as well as working time and whether they can obtain the professional training,promotion and award rationally.And the Teacher’s Law had been established to state the contents above.In the second aspect,focusing on the present situation,legal theories and details,this paper analyzes the problems to teachers’ right guarantee in the CCUs.The result indicates that the problems consisted of the lack of practice in the public rights and the absence of guarantee in the private rights.In the third aspect,this paper analyzes the difficulties and problems of right guarantee from the perspective of policies,laws and subjects in the CCUs.As a result,the lack of legislation,the disorder of cost system and the private unconsciousness in right guarantee are fundamental direct and external reason to the problems above,respectively.In the fourth aspect,the experience of foreign countries,such as USA(the representative of the common law system)and Japan(the representative of the civil law system),will be introduced to our work.Based on the result,some new methods and ideas will be obtained in order to be put into practice.In the last aspect,this paper focuses on five methods to solve the challenge of right guarantee in the CCUs,which consist of awareness raising in rights protection,legislation perfecting in right guarantee,mechanism improving in right relief and function constructing in teachers’ rights organizations as well as enforcement enhancing in education laws.