Research On The Legal Relationship Between Public Colleges And Teachers

With the full implementation of the teacher appointment system in colleges and universities,employment disputes between colleges and teachers have increased,and the legal relationship between public colleges and teachers needs to be explored to further promote the development of the rule of law in higher education.For such disputes,the current judicial practice is mostly adjusted by civil legal relations or administrative legal relations,but some problems are exposed.In judicial rulings,labor laws and regulations are often used for trials.When administrative laws and regulations provide otherwise,the principle of special law is superior to general law.However,the current administrative laws and regulations do not provide clear provisions for employment disputes.However,it cannot be concluded from this that the two are labor legal relations,because from the actual cases of teacher punishment,it can be seen that disputes between colleges and teachers must involve administrative legal relations.There are more views in the theoretical world than in the practical world,and there are both a single legal relationship theory and a compound legal relationship theory.This article is based on the "composite legal relationship theory".In the analysis of administrative legal relationship,it takes teacher title granting,administrative sanctions,rights and relief as the starting point to interpret the relationship between the two,and also analyzes the current administrative legal norms and academic Unbalanced power,inconsistent standards for teachers' punishment,and inadequate protection mechanisms for teachers' administrative law.In the analysis of the legal relationship of labor,we take the subordinate attributes of teachers and colleges and the relationship between the employment contract and the labor contract as the starting point,interpret the relationship between them,and analyze the problems existing in the application of the legal relationship of labor.This article considers that the "composite legal relationship theory",that is,the combination of administrative legal and labor legal relationships between public universities and teachers,has more advantages than the "single legal relationship theory" for the following reasons: First,the "administrative legal relationship" contained in the "Legal Relations Theory" is in line with China's current requirements for the reasonable regulation of administrative power.The use of strong administrative legal norms to adjust the legal relationship between universities and teachers is in line with the topic of "de-administrative".Second,the labor-law relationship contained in the "composite legal relationship theory" conforms to thereform trend of public institutions,and is in line with the idea of protecting the rights of teachers.The main points of this article are as follows: First,public universities have shortcomings only as quasi-administrative subjects or legal entities of institutions,and the positioning of a single legal status cannot meet the current rights and obligations of universities.Second,the attributes of teachers in public universities have diversified characteristics.The current law locates teachers as "professionals".This positioning is difficult to define teachers from the legal status,and positions teachers as "special laborers" in line with the current complex legal relationship between universities and teachers.In labor legal relations,teachers can sign employment contracts with colleges and universities as laborers and use labor laws and regulations to protect their rights and interests.In the administrative legal relationship,the speciality of teachers as "special laborers" is manifested,that is,when colleges and universities perform administrative actions such as professional title evaluation and administrative sanctions against teachers based on legal authorization,teachers are administrative counterparts.Putting "special" before "laborers" can reflect the public welfare and administrative nature of teacher work.At the time of the revision of the Teachers Law,in the reform of the legal status of teachers,the goal of protecting the rights and interests of teachers must be clearly defined,and the public welfare characteristics of teachers should be highlighted.Teachers should be positioned in different stages of education.At the same time,teachers should be distinguished from colleges Difference from administrative staff.First,recognize the status of teachers' laborers on the basis of sticking to the professional welfare of teachers and being administrative within a certain scope.Second,clarify the scope of employment disputes and improve the regulations on teacher relief mechanisms.Third,to formulate supporting implementation policies and mechanisms for the provisions of the Teachers Law that grant teachers' rights.Fourth,based on the difference in the level of public welfare,the difference between the legal status of teachers in compulsory education and college teachers is clarified.Teachers in colleges and universities are "special laborers",and teachers in the compulsory education stage are civil servants in education.Fifth,distinguish between college teachers and college administrators.The work nature and management system of the two are different.Administrative staff implements a management system for educational staff,and the work content is more dependent on the school's administrative hierarchy.Positioning teachers in public universities as "special laborers" is the embodiment of the "complex legal relationship theory",which can achieve a win-win situation for both national and personal interests.This positioning is conducive to unblocking teachers' relief channels,helping to solve the problem of poor teachers' title granting administrative legal relief channels and the equality of employment contracts.This article analyzes the problems found,with a view to clarifying the legal relationship between public universities and teachers in theory,and doing its utmost to promote the development of the rule of law in higher education.