司法场域中《教师法》的表达与实践——基于337份适用《教师法》裁判文书的分析

Expression and Practice of Teacher Law in Judicial Field——Based on the Analysis of 337 Judgment Documents Applicable to the Teacher Law

实证考察《教师法》的司法运行状态既可以检验立法效果,也可以为推动法律修改完善提供观察窗口。实证研究显示,《教师法》在解决涉教师纠纷中发挥着重要作用,但法条整体适用率偏低,法官裁判也时常遭遇制度供给的不足,如因教师法律地位不明确引发的裁判龃龉、教师惩戒权规范的缺失、教师申诉司法救济的困境等。为克服司法适用中的不足,需要在《教师法》修改中,规范立法语言,精细语言表达,补足缺损的规范要素;同时弥补法律漏洞,回应裁判分歧。

An empirical study of the judicial operation of the Teacher Law can not only test the legislative effect, but also provide an observation window for promoting the revision and improvement of the law. Empirical research shows that the Teacher Law plays an important role in resolving disputes involving teachers, but the overall application rate of the law is low, and judges often encounter the shortage of system supply, such as the conflict of judges caused by the unclear legal status of teachers, the dilemma of teachers’ appealing for judicial relief, and the lack of norms of teachers’ disciplinary power. In order to overcome the shortcomings in judicial application, it is necessary to standardize the legislative language, elaborate the language expression and make up the missing normative elements in the revision of the Teacher Law;At the same time, make up the legal loopholes and respond to the differences of referees.