高校教师职称评审的法律分析——一起经典诉讼案之再探

Legal Analysis on Title Review of College Teachers——Re-exploring a Classic Case

高校教师职称评审是被授权的高校在行政管理活动中行使行政职权,针对特定的教师,就职务任职资格评审工作作出的有关该教师权利义务的单方行为,是一种可诉的外部具体行政行为。以"王晓华与华中科技大学案"为例,案中王某的部分诉讼请求与教育部不予受理的决定仍有待商议,受诉法院的裁决在尊重学术自由方面值得肯定,但却采取了过于消极的姿态。因此,为使职称评审纠纷审判实践获得进一步完善,应考虑将高校教师职称评审行为纳入行政诉讼的受案范围,健全高校职称评审机制,同时修订与更新相关法律条款,使司法审查的限度更为明晰。

The title review of college teachers can be defined as a unilateral action about teachers＇ rights and obligations, which is made by the authorized university who exercises administrative power for a specific teacher in connection with the professional title assessment. It is a concrete administrative behavior which has the litigable nature. In this paper, we took the Wang Xiaohua and Huazhong University of Science and Technology as an example and analyzed the limits about a part of her claims and the decision of the education department. The court decision should be affirmed in respecting the independence and freedom of academic, but they were too negative to deal with this problem. Consequently, in order to improve and perfect our trial practice about the dispute of title review, we should take the title review of college teachers to the scope of administrative litigation, construct the title review sys- tem, revise and update the relevant provisions to make the limitation of judicial review clearer.