高校教育管理2025，Vol.19Issue(6)：64-76,13.DOI:10.13316/j.cnki.jhem.20251020.006
论教育法典中公立高校教师聘用合同的定位
On the positioning of employment contracts for teachers in public institutions of higher education in the Education Code
摘要
Abstract
The formulation of the Education Code should reposition the employment contracts for teachers in China's public institutions of higher education.Existing laws-including the Teachers Law,the Higher Education Law,and the Labor Dispute Mediation and Arbitration Law-as well as relevant judicial interpretations,all treat such employment contracts as special labor contracts.However,this positioning gives rise to multiple dilemmas:it severs the link between teacher employment contracts and relevant personnel relations,restricts the constraints on such contracts to the framework of labor contract law,and falls short of adequately protecting teachers' rights and promoting academic autonomy.As a matter of fact,employment contracts for teachers in public institutions of higher education fully meet the statutory elements of administrative agreements and should be treated as such from a normative perspective.In the higher education chapter of the Education Code,the legislation should clarify that employment contracts for teachers in public institutions of higher education-which embody the rights and obligations under administrative law-qualify as administrative agreements.Furthermore,it should specify the public law restrictions on such contracts in terms of both content and procedures,and stipulate that while public law norms apply preferentially,relevant provisions of labor contracts may be applied by reference as a supplement.关键词
教育法典/高等教育/高校教师/聘用合同/人事管理/行政协议Key words
Education Code/higher education/teachers in public institutions of higher education/employment contracts/personnel management/administrative agreements分类
教育学引用本文复制引用
伏创宇..论教育法典中公立高校教师聘用合同的定位[J].高校教育管理,2025,19(6):64-76,13.基金项目
中国社会科学院大学校级科研专项一般项目(校20250245) （校20250245）
