The Legal Regulation Of College Teachers’ Part-time Job

For many years,it has been a common social phenomenon for college teachers to increase their income and promote knowledge transformation by participating in the part-time job.In order to achieve the balance of interests,the Chinese government has carried out a series of reforms to promote knowledge transformation over the years,and introduced a lot of policy documents to regulate the part-time activities of university teachers,showing an overall attitude of "encouragement + restraint".However,most of these policies and regulations on part-time employment of college teachers are just the expression of the government’s position and call for calls,which are not legally binding and lack of unified legal standards.In addition,local governments also show differences in the management of college teachers.Whether college teachers can claim part-time salary is their right,and what is the nature of part-time authority? What is the particularity of facultal functions and powers of college teachers? Where is the boundary and scope of the exercise of rights? When colleges and universities exercise the right of administrative management,how should we standardize and maintain teachers’ part-time right to reduce the conflict between them as far as possible? On November 29,2021,the General Office of the Ministry of Education issued Teachers Law of the People’s Republic of China(Revised Draft)(Draft for Comments),in which Article 14,paragraph 2,proposed that "Teachers in institutions of higher learning and vocational schools may concurrently hold social posts related to their duties and tasks and participate in social services".According to this article,The part-time behavior of college teachers is defined as a right.However,due to the ambiguity of the law,there is no clear definition of why part-time work can become a right of teachers,the definition and scope of part-time work,and the exercise and restriction of part-time right,which is easy to cause confusion and misunderstanding in practice.Therefore,it is necessary to further standardize and clarify through research and discussion.This paper is mainly divided into four chapters.The first chapter mainly uses literature research method and legal interpretation method,based on the special legal status of college teachers,analyzes the legal attributes of college teachers’ concurrent authority and explores the differences between them and general staff’s part-time jobs The second chapter uses the literature research method and the interdisciplinary research method,respectively from the perspective of universities and teachers,to analyze the interests of their exercise of administrative power and concurrent power,and analyze the potential conflicts and hidden dangers caused by the abuse of rights The third chapter mainly uses the comparative research method and empirical analysis method to sort out the management system of part-time teachers in colleges and universities at home and abroad,and analyzes the feasibility,advantages and disadvantages,so as to explore a way of balance between the protection of teachers’ rights and the protection of public interests.The fourth chapter explores the legal regulation path of part-time teachers’ behavior based on the principle of proportionality and due process...