论公立高校与教育职员的关系

The law relationship between public university and staff member

高校行政人员实行职员制是高校人事分类管理的需要,旨在促进高校内部管理的专业化。国外公立高校与管理人员之间的关系的共同特点是:受公法调整,且大多纳入了司法审查的范围。我国公立高校与职员之间的关系属于内部行政关系,但当职员身份丧失时,这种内部行政关系就转化为外部行政关系,应纳入司法审查的范围。职员与教师之间的关系,实质上是职员所代表的公立高校与教师之间的关系。

It is necessary for the classified management of university personnel to change the administrative personnel into staff member, whose main purpose is to improve the specialized internal administration of universities and colleges. The relationship between public university and staff member in foreign countries are regulated with public law and brought into the field of judicial review. The relationship between public university and staff member in China belongs to the internal administrative relationship. However, when the identity of staff member is lost, the internal administrative relationship will be changed into the external administrative relationship that should be brought into the field of judicial review. The relationship between staff member and faculty is essentially the relationship between public university and faculty because staff member represents public university.