论我国公立高等学校与教师的法律关系

Research on the legal relationship between Chinese public higher educational institutions and their teachers

随着高等教育体制和教师人事制度改革的深入 ,公立高等学校与教师之间原有的行政隶属关系逐渐被打破 ,教师通过与高等学校签订聘任合同 ,与之构成受法律保护的人事关系。这一关系是一种特殊的行政法律关系。公立学校教师虽然不属于国家公务员 ,但仍应具有国家工作人员身份。教师聘任合同既不是受《合同法》调整的民事合同 ,也不是受《劳动法》调整的劳动合同 。

With the deepening of the reform in higher education system and personnel system for teachers, the previous relationship between public higher educational institutions and teachers has gradually been broken. Through signing up the letter of appointment, teachers started to enjoy a personnel relationship protected by law. This is a special administrative legal relationship. Public higher educational institution teachers are no longer civil servants but possess the identity of administrative employees. The teacher appointment agreement is neither the civil agreement regulated by 'Contract Law' nor the labor agreement regulated by 'Labor Law', but rather possess the character of administrative agreement.