A Legal-Principle Analysis On The Relationship Between Public Schools And Teachers In Mainland China

The purpose of this thesis is to probe into the relationship between public schools and teachers in Mainland China. It determines the limit of powers and responsibilities on personnel management of government and schools. It exerts an influence on the essence and the mode of school management, as well as the mode of teacher's jural relief. It is an important topic in theory, research and practice of Chinese educational law. The research on it has great theoretical value in prompting educational law research and constructing educational law theory. Also, the present work can be used as reference on the implement action of teacher employment system and the reform on school personnel management.This thesis aims at a critically reflection and legal-principle analysis on the legal system of the relationship between public schools and teachers in Mainland China. Based on the legal logic, the author gives us her point of view on the relationship between public schools and teachers, and further, put forth some suggestion on the legislation of school' s personnel management in the future.The study begins with the historical review of the relationship between public schools and teachers in Mainland China from 1949 to now, and analyzes the actuality of this relationship. Then, the article analyzes the legal position of public schools in Mainland China. And then, the study probes into the legal position of teachers in public schools. Based on this, the paper approaches the relationship between public schools and teachers in the main body of the study. The result shows that the relationship between public schools and teachers comprises three aspects: the administrative relationship with the nature of administration, the relationship of equality based on labor contract and the relationship of internal management in schools.