The Research On Rights Of University Teachers And The Legal Remedies

According to the statistic, as of the end of 2008, the total number of full-time university teachers has reached 1.268 million in our country. This indicated that the university teachers constituted huge professional community. Along with the personnel system reform in University unceasing advancement, the university teacher assignment system has been changed. The legal relationship between University and teacher has changed greatly. At present, the university teacher appointment system has many insufficiencies in reality. Dispute between the university and teachers has been increased day by day. What rights do the university teachers have? How to define the law relationship between university and teachers? How to deal with the dispute between university and teacher? About all these questions, theorists are still controversial. Existing "Teacher law" cannot safeguard the university teacher's right effectively. The purpose of this research was to probe into teachers'rights and the legal remedies. This article divided into four parts:The first part discusses jurisprudential analysis of university teacher's right and the legal remedies. University teacher right divides into the professional right and basic right. The University teacher's right relief should include the judicial relief and the administrative relief. After analyzes the legal relationship between university and teacher, the author believes that, the legal relationship between university and teacher has two kinds, administration legal relationship and the civil legal relationship. These issues concerned with the teacher professional right behavior belongs to administration legal relationship, such as teacher appointment, the rewards and punishment, the duty evaluation and so on.The second part discusses the present situation of university teacher right and the legal relief by analyzing the typical case of disputes and various universities personnel management document. Teacher's rights suffer from some infracted invasions during teacher management in university and today's educational reform. The article raise primary cause, such as the relationship between university and teachers are not clear; current education laws provide few legal relief ways for teacher's rights and lack of validly legal relief.The third part discusses foreign university teacher's right judicial relief and the teachers' appealing system relief. Learn their successful experience. We may perfect university teacher's right t relief.The fourth part puts forward suggestions of improving our current amendment "Teacher law". Improve the teachers' appealing system. Strengthening the rule of law and improve the internal management of university. Establish internal dispute resolution mechanism.