Research On The Right Of Teachers' Attending In Training

Education is a project of vital and lasting important for each country, and teachers are the foundation for education project. Teachers attending in an advanced studies or other training, as a significant approach to enhance their diathesis, is attached importance to and is protected in legislation by the states all over the world. In Teacher Law of the People's Republic of China, which teachers have the right to attend in an advanced courses or other training (the right of teachers' attending in training) is clearly defined in the 7th item Chapter Two. At the same time, it regarded as teachers' obligation in the 8th item Chapter Two. Therefore; it is the fight and obligation for all the teachers to attend in training.Such incorporate legislation pattern of fight and obligation begets people's tangle consciousness to the character that it is right or obligation for teachers to attend in training, and results that the conception regarding it as the right is faint, contrarily, most of teachers often treat it as their obligation passively. Furthermore, the conception of power core has existed in the education administration for a long time and it has led to the lack and damage of the teachers' right badly. The systemic and embedded research on the teachers' right is rare in theory, to solve these problems, it's needed to interpret profoundly the right teachers' attending in training in theory of education law. But at present, the intensive study for the right is blank on the whole within our nation's academia. Therefore, it is quite necessary to study the right thoroughly in law to guide the practice, in order to safeguard the right and to urge teachers to exert their right actively, and to redress the right when it has been infringed.The right of teachers' attending in training is the especial embodiment of the Constitution right to receive education. So from an angle of the fight to receive education, this research further analyses the right for teachers to attend in an advanced studies or other training, based on hackling the theory of the citizen's right to receive education. This thesis points out the complex characteristic of the right and the conception of right core, define clearly the counterpart to the right principal part and the counterpart's obligation, and guide the counterpart's activities carrying out the obligation from the law. Finally, aiming at how to safeguard this right of teachers, the research learns the advanced legislation experience form Taiwan province, and put forward some legislative measures to safeguard this right of teachers in entity law and process law.The dissertation includes fore parts.The first part: Introduction. This part introduces the issue, the importance, the content and the main approaches of the research.The second part: the analysis to the right for teacher to attend in an advanced studies or other training. The right and obligation of teachers is the representation for the teachers' law. The dissertation proceeds with the analysis to the law position, nails down the status that teachers are career men and the law position that teacher profession is a technical profession. Grounded on this orientation, the thesis defines the for teacher to attend in an advanced studies or other training and study its character and inbeing. The anatomy to the right begins with the analysis on the origin of the right _the citizen's right to receive education. By the means of hackling the theory of the citizen's right to receive education, this thesis nails down that characteristic of the right to receive is complex and that the right's inbeing is leaning. Based on this, the dissertation review and analysis the process bringing and developing the right of teachers' attending in training, opens out that the character of this right is complex, define the orientation of its value is right core and points out its inbeing is learning.The third part: Defining clearly the counterpart and the counterpart's obligation. The orientation to this complex right is right core, which means teachers as the oblige take the status of right main body and means the state, schools and so on, as the obligor, should carry out the legal obligation. Aiming at the fact in practice which teachers' attending in training is almost their obligation, the research nails down the counterpart's obligation and guide the counterpart's activities carrying out the obligation from the law.The forth part: Safeguarding the right in law. Legislation is all-important in safeguarding the right. The thesis uses for reference of some Taiwan province's advanced legislative experience, and put forward some legislative measures to safeguard this right of teachers in entity law and process law.