公办高校师德失范惩戒的问题、性质与法治路径

The Problems,Nature and Legal Path of Disciplining Teachers'Moral Misconduct in Public Universities

随着我国高校法治化进程加速发展,师德评价与惩戒已成为一个社会各界关注的焦点问题。公办高校惩处教师师德失范行为有“教育法律”“国务院的行政法规及部委规章”“规范性文件”“地方性法规和政府规章”以及“高校章程和校规”五种,校内的师德规范有“法源性规范”和“自治性规范”之分。由此形成了师德失范行为处理的“法律法规-规范性文件-校规”的共治模式,这种共治模式下的师德失范惩戒依然具有法律或准法律性。当前,师德失范惩戒存在诸多问题,为了保障教师的合法权益,需要从实体法和程序法两个方面进行完善。

With the acceleration of the process of rule of law in colleges and universities in our country,the evaluation and punishment of teacher ethics have become a focus issue that the society has paid attention to.Public colleges and universities punish teachers'moral misconduct based on"education law","administrative regulations of The State Council and rules of ministries and commissions",normative documents,"local regulations and government rules"and"school rules".The norms of teachers'ethics in schools are divided into"legal source norms"and"autonomous norms",As a result,a co-governance model of laws,regulations,normative documents and school rules was formed to deal with teachers'deviant behavior,and the punishment of teachers'deviant ethics under this co-governance model still has legal or quasi-legal discipline.In order to protect the legitimate rights and interests of teachers,it is necessary to improve both substantive law and procedural law.