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Teacher’s Academic Freedom and Their Legal Protection in the Universities

Author: ZhangBin
Tutor: LiXiaoJing
School: Jiangxi Normal University
Course: Constitutional and Administrative Law
Keywords: academic freedom teachers in universities public interest faculty governance
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 217
Quote: 0
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Abstract


The teachers in universities are special professionals to carry on educational obligations in high school; they are transmitters and creators of knowledge; they are also the core group of the creative force of the society. The state and universities should protect and respect teacher’s academic freedom and teachers in universities carry on their legal right according to education law, teachers law, high education act, therefore the teacher’s legal rights in universities can be guaranteed, teachers can fully develop teacher’s initiative and then do a better job and sense of creation ,innovation and obligation among teachers is gradually developed.Securing and protecting the academic freedom in universities can maintain the soul of academic freedom and is of vital to the high quality education. However, the current academic freedom study mainly lies in the field of philosophy in education, sociology, etc our country’s scholars in constitution pay little attention to it. So this essay learns from the current research result, trying to analyze the protection of academic freedom in universities from legal point of view.The first part is about the definition and significance of academic freedom and current development of academic freedom paving the way for the theoretical and realistic basis for the protection of right of academic freedom in universities.The second part is about the content, property right, distribution of academic freedom right and its specificity stating which right should be included, where the right comes from, whether the teachers can share the academic freedom right and why the teachers in universities share more right of academic freedom.The third part is about the obstacles faced in realization of academic freedom right. There are two main issues: one is that there is no specific detail made for teachers in universities in the academic freedom right. The other is that there is no good way to resort to get help when academic freedom rights are hurt in universities.The fourth part is about suggestions on how to protect academic freedom rights for teachers in universities. This should also be the denotation of academic freedom right in universities. In the aspect of legislation, on one hand it should pay attention to the effect on related interest when the teachers in universities exercise academic freedom, on the other hand it should handle well the relation between administration and academic rights; in the aspect of remedy way, it should constitute the system of public relief and private relief to protect teacher’s academic rights in universities.

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