从缺位到归位:聘任制下高校教师权利救济的法律保障

From Default to Repossession:On the Legal Security Mechanism of Teachers' Rights and Interests in University under the Engagement System

我国高校以教师聘任制为核心的人事制度改革已进入全面实施阶段,并初步构建起具有中国特色的高校教师聘用的制度框架。在聘用制改革进程中,高校与教师之间权利和利益争议的研究呈现出诸多新的类型、特点和困境,迫切需要以发展的视野,在制度和法律层面,对高校教师聘任制实施过程中教师权利救济机制的理论和实践进行破解。由于学校与教师间具有双重法律关系,在纠纷解决上亦应构建行政与司法并行的救济体系,分工合作并相互衔接,从而使教师权益得到有效保障,使纠纷得以有效解决。

The reform of colleges and universities＇ personnel system in our country has entered a phase of comprehensive implementation, establishing a teacher-engagement-centered system with Chinese characteristics. In the process, the dispute between the two sides concerning rights and interests assumes new aspects and causes new problems, all of which comes to the conclusion that a new mechanism of dispute resolutions is badly needed. We should work out the theory and practice of remedy system of teachers＂ rights and interests in the implementation of university teachers＇ engagement system from the system and legal levels. Because of the double legal relationships between schools and teachers, we should construct the remedy system that covers both administrative and civil remedies in resolving the disputes, so as to provide better rights and interest protection for teachers in university.