《教师法》修订:基本理念、教师身份与立法技术

Revision of Teachers Law of China:The Legislative Concept,Teachers’Legal Identity and Legislative Technology

权益保障是我国教师立法的基本理念,此次《教师法》修订仍需贯彻和继承。科学定位教师的法律身份是保障教师合法权益的前提。基于义务教育与高等教育的不同特征以及我国教师队伍建设实践诉求,中小学教师宜定位为专业技术类公务员,高校教师的事业单位工作人员身份宜通过法律予以规定。教师权利义务是教师法律身份的外在表现,相关内容的修订须依据教师的不同法律身份。教师教育惩戒是中小学教师基于专业身份实施的事实行为,本质上属于教师专业自主权,《教师法》应予以确认和规范。围绕教师权益保障,还需从法律规范协调统一、增加程序性规范以及纠正硬法规范软法化等技术层面提高修订的科学性,增强《教师法》的可操作性。

The basic concept of our country teachers’legislation set up is the protection of rights,and the revision of Teachers Law still needs to be implemented and kept on.The premise to protect the legitimate rights of teachers is scientific positioning of teachers’legal identity.Based on the different characteristics of compulsory education and higher education,as well as involving the practical demands of our country teachers’team construction,the teachers in public primary and secondary schools should be positioned as professional technical civil servants,while the teachers in public university as public employees.Teachers’rights and obligations are the external performance of teachers’legal status,the revision of relevant contents must be based on the different legal identities of teachers.Teachers’punishment education is a factual act implemented by teachers based on their professional identity,which belongs to the teacher’s professional autonomy in essence,and should be confirmed and regulated by Teachers Law.In order to protect teachers’rights,it is necessary for us to improve the scientific of the revision from the technical aspects such as coordination and unification of legal norms,addition of the procedural norms and the correction of the softening of hard law norms,so as to enhance the operability of Teachers Law.