Research On Controversies Of College Teachers' Employment Contract

Since the eighties of last century,our country began the reform of the educational system,at the same time,teacher's identity system is constantly changing,the management of teachers in colleges and universities changed from the previous identity to the contractual relationship.In the year of 2014,the promulgation of the State Council's "Regulations on the Administration of Personnel in Institutions" meant that the personnel system with the employment system as the core has gradually taken shape.However,in the law system,we cannot find a law that clearly defines the legal nature of employment contract of college teachers,or clearly define the legal status of college teachers,leads to the fact that there are many disputes arising from the legal application of the contract and many judicial controversies.Based on the analysis of the nature of the employment contract,this paper acquired sample cases by collecting written judgement on China Judgements Online,attempts to find out the sample cases needed to find out the types of disputes over employment contracts and to find out the main difficulties in the employment contract dispute among college teachers,and analysis the Court's current trial above those difficulties.Finally,through these controversial cases put forward views and suggestions.The main contents of this article are as follows:Chapter one summarizes the employment contract of college teachers.Based on the definition of employment contract of college teachers,analyze the concept and definition of employment contract to define the concept of employment contract.Then the current academic circles summarize and summarize the different perspectives on the nature of employment contract and analyze the legal nature of employment contract.Finally,current legislation of employment contract of College Teachers in China.The second chapter is about the types of disputes over the employment of college teachers.Firstly,we collect sample cases through the China Judgements Online,introduce the ways and processes of collecting sample cases,and then analyze the collected sample cases.Through those data,we can get the types of disputes about the contract of college teachers,and then analyze the main difficulties in the process of employment contracts,finally summed up the courts judicial explanation of these difficulties of college teachers' employment contract.The third chapter is a concrete suggestion on the controversial issue of employment contract of college teachers.Based on the two chapters,from the perspective of legislation and judicature,propose concrete suggestions and measures for improvement.