Analysis On The Nature Of Teachers' Employment Contract In Colleges And Universities

The personnel management system of public colleges and universities in China has experienced the change from appointment system to employment system.With the deepening of the reform and opening-up policy,the government began to adopt appropriate decentralization to the colleges and universities and implemented the employment system which takes the employment contract as the core.The employment contract is signed between the colleges and universities and the techers,which constitutes the basis of the relationship of rights and obligations between them.It is important to standardize the signing and performance of teachers' employment contract,which plays an important role in safeguarding the legitimate rights and interests of teachers?supervising the exercise of the authority of colleges and universities and promoting the development of higher education.As a kind of contract,to implement appropriate norms on the emloyment system,first of all,we need to have a basic positioning on the nature of the contract,defining the nature of the contract clearly is the prerequisite for the contract to provide proper remedies.There are some relevant laws and regulations about teachers' employment system,but we lack specific implementation of the employment system,which result in that the nature of the employment contract is difficult to differentiate clearly,and in practice the forms of contract are pluralism,the contract text and the main content are set inconsistently,which ultimately lead to lots of problems about the standardization?the legal application and the remedy of contract disputes.This paper begins with the analysis on the basic connotation of teachers' employment contract,then combing the main forms of the employment contract,and through analyzing the main characteristics and the qualitative standards of the employment contract,finally demonstrate the nature of the teachers' employment contract to show how should we give teachers a much more perfect way of remedy.This paper is divided into four parts:The first part firstly introduces the basic theory and evolution of the personnel system in colleges and universities,as well as combing the origin of teachers' employment contract and the current legislation.Then it analyzes the differences between the employment contract and other contracts.The second part combs the main forms of the teachers' employment contract in colleges and universities,and analyzes the problems that are likely to arise in practice and how these problems occurred.The third part firstly summarizes the universal qualitative standards for the employment contract.Secondly,it introduces the definition of the nature of the employment contract in the United States,Germany and Taiwan Province.Finally,through combining with the main characteristics of the employment contract,it proves that the contract is essentially a kind of special administrative contract.The fourth part analyzes how should we provide a better and more perfect legal remedy to the teachers' employment contract disputes from the perspective of the nature of teachers' employment contract.