中小学教师职称评审的法律性质及其司法审查

The Legal Nature of Primary and Secondary School Teachers’ Rank Evaluation and Its Judicial Review

解决中小学教师职称评审争议首先需要明确职称评审的法律性质。职称是反映中小学教师专业技术水平的标志,经规定主体与程序认定后附属于教师。中小学教师职称评审是行政机关和其委托的组织对中小学教师专业技术水平的审查与认定,认定结果对教师工资水平有决定性作用,具有行政确认行为的本质属性,属于行政确认行为。为保障教师合法权益和监督行政机关依法行使职权,中小学教师职称评审争议应当被纳入行政诉讼受案范围。基于司法审查的考虑,中小学教师职称评审应当进一步明确评审的决定主体和程序要求。

To resolve the disputes over the evaluation of primary and secondary school teachers’ rank,it is necessary to clarify the legal nature of it.The rank of primary and secondary school teachers is an indication of their professional ability,and is attached to them after being recognized by authorized institutions and procedures.The rank evaluation is a review and confirmation of their professional ability by the administrative organs or the organizations they entrusted,and the confirmation is decisive for the salary level of teachers.As a kind of administrative confirmation,the evaluation process has the essential attribute of it.In order to protect the legitimate rights of teachers and supervise the exercise of administrative power in accordance with the law,the disputes over the rank evaluation should be included in the scope of administrative litigation.From the perspective of judicial review,the reform of teachers’ rank evaluation should be carried out in further clarifying the organizing institutions and procedural requirements.