大学章程中教师权利保障的困境与实现路径——基于教育部已核准的84所高校章程的文本分析

Protecting Teachers' Rights by Means of the University Statute——A Textual analysis of the Publicized Statutes of 84 Universities

在大学章程中设计合理有效的教师权利实现与维护条款是实现高校教师权利的重要制度保障。通过运用文本分析法,对教育部已核准的84所高校章程进行分析比较,从教师教学权、学术权、评价学生权、取得报酬福利权、参与管理权、职业发展权以及申诉救济权的角度进行研究发现,大学章程在保障教师权利方面存在权利内容规定不清、权利保障重视不够、保障措施缺失或缺乏实效等方面的困境。建议从厘清权利内容、重视权利保障、优化保障措施三个方面完善大学章程,以进一步保障教师权利的实现。

The university statute is the basis for regulating management and promoting the rule of law in the university. It has the mission to stipulate rights of the faculty and also their enforcement and protection. By means of textual analysis, we have studied the statutes of 84 colleges and universities that have been approved by the Ministry of Education. This paper focuses on the teacher＇s right to teach, to engage in academic studies, to evaluate students, to benefit from payment and welfare, to participate in management, to have access to career development, to appeal for welfare, etc. It has been found that in some statutes, stipulations about teachers＇ rights are either too vague or fail to address right protection. This paper therefore gives suggestions that improvement should be made to clarify teachers＇ rights, to lay more emphasis on protection and its enforcement.