优秀人才从教的法律保障——基于《教师法》修订的思考

The Legal Protection for Excellent Talents to Teach:Reflections on the Revision of the Teachers’ Law

当前,国家高度重视吸引和稳定优秀人才从教。由于《中华人民共和国教师法》相关规定的不完善或者未落实,存在着教师法律身份不明确导致其权益保障乏力、教师工资待遇不高难以保障其安心从教、教师自主权不足压缩其专业发展空间、教师评价指标片面难以彰显其职业价值等问题,教师职业对于优秀人才的吸引力明显不足。新时代教师职业的公共性将进一步强化,未来教育发展要求教师专业素养与之相匹配,教师专业性权利救济需求日益凸显,修订《中华人民共和国教师法》应加强对优秀人才从教的法律保障。具体立法建议为:分类明确教师法律身份和工资待遇;构建开放多元的教师培养机制;明晰教师专业自主权内容;重构教师发展性评价体系;完善教师权利救济制度。

Currently, the state attaches great importance to attracting and stabilizing excellent talents to teach. Because the relevant provisions of the Teachers’ Law of the People’s Republic of China are imperfect or unimplemented, there are still some problems in doing that. The unclear legal status of teachers leads to the weak protection of their rights and interests;it is difficult for teachers to set their minds on teaching because of their low salary;the lack of teachers’ autonomy in teaching limits the space for their professional development;it is hard to demonstrate their professional value with one-sided teacher evaluation index. It is due to all of these problems that the teaching profession cannot attract the excellent talents. In the new era, the publicity of teaching profession will be further strengthened, and teachers’ professional qualities are required to match the development of future education. The demand for teachers’ professional right relief is increasingly prominent, therefore, the legal protection of excellent talents to teach should be strengthened in revising the Teachers’ Law. The specific legislative proposals are as follows: classifying teachers’legal status and salary, constructing an open and diverse teacher training mechanism, clarifying the content of teachers’ professional autonomy, reconstructing the system of teacher development evaluation and improving the system of teachers’ right relief.