全球教育展望

中小学教师法制建设涉及教师资格、职称、工资、社会保障、惩戒、救济与聘用制度等诸多领域。1978年以来,我国逐步建立了体系完整的教师资格和职称制度,形成了保障和激励相结合的教师工资制度,社会保障逐步从组织向社会保险并轨,教师惩戒制度逐步完善,聘用合同制度初具雏形,建立了申诉、仲裁和诉讼等多渠道的权利救济制度。中小学教师法制建设呈现分领域推进、多部门协作、法制先导与实践先导并存、依附性较强等特点。中小学教师法制建设还存在资格认证条件偏低、职称与处分法律性质不清、工资保障责任和社会保障缴费责任强制力不足、聘用解除制度不完善与救济渠道较为狭窄等问题,上述问题的解决迫切需要重新审视中小学教师的法律地位。

Teacher management involves many aspects such as certification, title, salary, social security, discipline, contract and right remedy. Since 1978, China's government has made many legislations and regulations in these aspects, and has established a solid legal system on teacher management. The process is advanced separately among different aspects, promoted by multiple agencies, characterized by the coexistence of practice leading strategy and law leading strategy, and subordinated to other legislations on education and personnel. Currently, many issues exist on legal nature of title and contract of teachers, assurance system of teacher salary and social security,protocols of right remedy. The key question is to determine the legal status of school teachers by granting them either public servants or contract workers or something between.