幼儿园教师权益保障的现实境遇与立法分析

Practical Situation and Analysis the Legislation of Protecting Preschool Teachers’ Rights and Interests

幼儿园教师是学前教育的主体,是学前教育立法的重要对象。幼儿园教师权益保障现实境遇的调查发现,幼儿园教师的依法聘任和晋升评聘、自主教育教学、教育科学研究、获取工资报酬、参与学校民主管理、进修培训等权益得不到切实保障,幼儿园教师的整体满意度较低。当前我国有关幼儿园教师权益保障的相关立法现状分析发现存在问题包括幼儿园教师权益保障的学前教育立法体系不完善、立法层次低、缺乏立法规范标准、条款内容缺乏可操作性、责任主体不明确、幼儿园教师权力地位边缘化等。基于此,研究认为应加快"学前教育法"的立法进程,并对幼儿园教师权益的立法与政策保障给出意见和建议。

Preschool teachers are the subjects of preschool education and important object of the legislation on preschool education.According to the relevant survey,preschool teachers’ rights and interests cannot be effectively guaranteed,such as,legal employment and promotion,independent teaching and education,scientific research of education,obtaining salary and welfare,participating in the democratic management of preschools,and further training,etc.Generally speaking,preschool teachers’ satisfaction on the guarantee of their rights and interests is low.According to the analysis of legislation on protecting preschool teachers’ rights and interests found that the preschool education legislation system is not perfect,which lacks of legislative norms and standards,the terms and contents are not operational,and the subject of responsibility is not clear and the status of preschool teacher is marginalized.Based on the aforesaid phenomena,the authors of this article believe that the legislative process of the Law on Preschool Education should be accelerated,and the advice and suggestions on the legislative protection of preschool teachers’ rights and interests should be implemented.