论教师职业权利的行政法律救济

On the administrative legal remedy of teachers' professional rights

目前我国教师因职业权利被侵犯往往采取行政法律救济途径解决,现有途径通常是行政申诉、行政仲裁、行政复议和行政诉讼,但存在着纠纷性质界定不清、申诉规定操作性欠缺、行政诉讼受案范围过窄等问题。对此,应当构建、完善由行政申诉、行政调解、行政仲裁、行政裁决及行政复议组成的非诉讼解决机制为主导,同时以诉讼审判作为最终保证的行政法律救济体系。

At present, teachers＇ professional right infringment are often resolved through channels of administrative legal remedy. With the routine of administrative appeal, administrative arbitration, administrative reconsideration and administrative litigation, exist ing channels have the main problems on indistinct definition for dispute, defective operability of appeal and too narrow scope for administrative litigation. To deal with these problems, we should construct and consummate the relief system of administrative law which is composed of administrative appeal, administrative mediation, administrative arbitration, administrative adjudication and administrative reconsideration with nonlitigation-oriented resolution and final guarantee by lawsuit judgement.