行政法律关系视野中的教师聘任制

Views on teacher appointment from the perspective of the relation of administration and law

我国现行的公立学校与教师之间主要是一种行政法律关系。在这种关系下推行的教师聘任制,必然彰显出学校这一行政主体(属于法律授权的行政主体)与教师合法权益保障的不平衡与矛盾。为了确保教师聘任制的顺利推行,并能有效地保护教师的合法权益,应借鉴关、日、德等国经验,单独为教师聘任制立法,引入司法救济,以有效解决行政法律关系中教师权利保护程序的缺失问题。

The relation between the public schools and their teachers is mainly that of administration and law. The current system in regard to teacher appointment under this relation inevitably brings prominence to the imbalance and conflict in the guarantee of legal rights and interests between the school （ an administrative body empowered by law） and the teacher. It is assumed that the practice of the United States, Japan and Germany can serve as a model, establishing an independent law for teacher appointment so as to guarantee the legal rights and interests of teachers. Moreover, the practice of legal relief is also needed for solving the shortage of protective procedure in the work of guaranteeing the legal rights and interests of teachers.