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Discussion on the legal property of the public university teacher employment contract

Author: LiBaoZhong
Tutor: WangJingBo
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Public Colleges and Universities Teacher employment contract Public law contract Public law principle of
CLC: D922.16
Type: Master's thesis
Year: 2009
Downloads: 141
Quote: 0
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Abstract


With the deepening of reform and opening up, China's education system since the eighties of last century, major changes of higher education from the state to blanket mode, and gradually turned to the appropriate decentralization of government, university self-management model, which, for teachers of public universities, one of the biggest changes is the implementation of the appointment. The employment contract is an important basis for teachers and public colleges and universities to determine the legal relationship, but the legal property of the university teacher employment contract, no relevant laws in China are recognized, which resulted in the appointment of university teachers contract law applies and how to regulate the contractual relationship, the contract Dispute Remedy selection on many issues for the inconvenience. This paper attempts to examine the problem from the point of view of public and private law, and draw the judgment of the author of the attributes of the teacher employment contract in public colleges and universities. The paper is divided into a total of four chapters: Chapter 1, Engagement of Teachers of the development process and the problems of teachers' employment contract. This chapter first describes the course of development of the teacher employment system in China, there are mainly three stages: teacher appointment system period, Teachers Employment period and during the teacher appointment. At present, our teacher appointment in the implementation process, many problems, the core problem is that the appointment of university teachers contract attribute is not clear, is also reflected in: the vagueness of the contract content, the imbalance of rights and obligations of the main contract, breach of duty of inequality and so on. What is the proceedings of what law to regulate college teacher employment contract as well as colleges and universities exercise of the power to resolve contract disputes, employment contract relationship toward standardization and scientific. The premise solutions to these problems is clear college teacher employment contract property, which is to study the significance of the appointment of university teachers contract attributes. Chapter II, public colleges and universities teacher employment contract attribute analysis. This chapter is the core of this paper. This chapter first analyzes the criteria for the classification of public law contracts with a private law contract, these standards is by analyzing the differences and characteristics of the contrast public and private law derived. By analyzing the relevant legal provisions and empirical investigation of teacher employment contracts, I found that teachers' employment contract in line with the characteristics of public law contracts in the following areas: public colleges and universities, teacher employment rights with the public authority property, public colleges and universities in the contract is a public corporate identity ; teacher employment contract the purpose of public welfare; teacher employment contract, the dominant position of inequality and the imbalance of rights and obligations. Based on the above points, we can conclude: the properties of the appointment of university teachers contract for public law. Comparison of the third public university teachers of the employment contract and other contracts. Property to further clarify the college teacher employment contract, this chapter a detailed comparison of teacher employment contracts and civil contracts, the difference of the labor contract. Teacher employment contract and a civil contract, a public law contract for a private law contract, larger difference between the two. Teacher employment contracts and labor contracts in some respects similar, but the two are essentially different in terms of contracted power properties, the purpose of the contract public welfare. In addition, the teacher employment contract as a kind of administrative contracts, and other general administrative contract differ. Chapter IV, the perfect teacher employment contract system of public colleges and universities. Of teacher employment contract attribute meaning or purpose of the appropriate legal principles to be applied to this type of contract, this contract further improving the system and norms. On the basis of clear teacher employment contract, public law attributes this chapter on how public law theory to perfect this system, a necessary extension of the main contents include: colleges and universities with the principle of public law to regulate the exercise of school autonomy (mainly related to the university's management of teachers' rights and the right to dismiss teachers), teacher employment contract dispute proceedings should be the administrative proceedings. The part is also proposed in this article Introduction and first chapter of the meaning of the contract attribute and how to resolve issues related to response.

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