Research On Legal Risk Prevention And Control Of Personnel Management Of University Teachers

With the continuous development of the economy and the improvement of the national rule of law,the state has put forward new requirements for the administration of institutions of higher learning according to law.At present,the rapid development of higher education and the continuous expansion of teachers personnel management in colleges and universities become the important subject of the development of higher education.However,there are many potential legal risks and practical disputes in the personnel management of Chinese colleges and universities,which need to strengthen the research on related topics,identify the legal risk accurately,and effectively and quickly evaluate and prevent the legal risk in the personnel management of teachers in colleges and universities.From the perspective of the personnel management department of university teachers,this paper analyzes the specific legal risks and puts forward corresponding countermeasures.The specific research is as follows:The first part introduces the general principles of legal risk prevention and control of university teachers’ personnel management.Firstly,it clarifies the connotation of university teachers’ personnel management,the meaning of legal risk and the meaning of risk prevention and control.Secondly,it expounds the characteristics of legal risk prevention and control of university teachers’ personnel management and the types of basic legal relations.Finally,the significance of legal risk prevention and control in personnel management of university teachers is summarized.The second part summarizes and analyzes the current situation of legislation and the application of law on the prevention and control of legal risks in personnel management of university teachers.This paper mainly expounds the regulations on personnel Management of Public Institutions and Labor Law on personnel management of university teachers,and summarizes the current situation of the application of the laws.The third part explains the legal risks existing in the personnel management of university teachers and the reasons.The legal risks mainly include: Legal risks of career freedom and service term agreement,legal risks of liquidated damages setting,legal risks of personnel disputes in colleges and universities,legal risks of "rise or leave",legal risks of dismissal in colleges and universities,and legal risks of teacher rehiring.The causes of legal risks are analyzed and summarized from objective and subjective aspects.The fourth part puts forward specific countermeasures and suggestions for the legal risks existing in the personnel management of university teachers.Mainly includes:balance the relationship between teachers’ freedom and service relationship,strengthen the regulation of penalty due to breach of contract law,establishing and perfecting the legal system of university personnel disputes,optimization of "not up or go" system,to promote the two sides equal consultation,build perfect college dismissal laws and regulations system,perfecting the hire teachers’ personnel management legal strategy.To strengthen the construction of the legal risk prevention and control of human management of university teachers,build perfect risk prevention and control system,finally form the legal risk prevention and control mechanism of effective,sustainable operation,can make the colleges and universities in the face of disputes to develop a more comprehensive and specific prevention and control,make timely prevention and appropriate treatment,achieve the lawsuit rate lower,to minimize losses,Earnestly safeguard the legitimate interests of colleges and universities.