公立高校教师的学术自由:讲坛上的自由

Academic Freedom:Freedom on Teaching Forum

讲学自由负有责任和义务,其保护程度并没有人们想象得那么大。除了须服从公共利益和社会利益以及宪法承认的其他权利的限制外,公立高校教师的身份和法律地位决定了该自由受到较之言论自由更多的限制。教师作为准公务员不得免除宪法忠诚;教师须受制于其所供职大学或者机构的管理;教师的职业决定其职责是传授知识和技能,而非政治宣讲;教师须不得以任何形式侮辱、贬损、歧视学生,并不得灌输影响学生的独立判断。讲学自由的思想与表现自由性质决定其规范领域是"学术生活"而非"政治生活",规范目的在于鼓励科学发现与真理探索,而非政治性表达、参与和监督,故其不得滥用攻击宪法秩序。

Right to teach has duty and obligation,what its protection extent has been provided is less than people image.Except subject to limitation for common good and society as well as other rights recognized by constitution,the identity of public university teachers and their legal status decide that this freedom has been much more restrained comparing to free speech has.Teachers as public servant has not been exempted from allegiance to constitution,teacher has been regulated by university or institution within which he or she works;the profession of teacher making their duties is to disseminate knowledge and skills,rather than political lecturing;teachers shall not in any ways stigmatizes,derogates and discriminates students,not indoctrinates to affect students to judge by themself independently.What the freedom of teaching is thought and expression free in nature has been made that the norm＇s field of freedom to teach is academic life,but political life,the norm＇s intention is to encourage scientific discovery and truth exploring,not to political expression,participate and oversee,so it shall not been abused to attack constitutional order.